ORDER Petitioner Hiroaki Kobayashi seeks, through a writ of mandamus, the reinstatement of his appeal in the Third District Court of Appeal. To be entitled to a writ of mandamus, the petitioner must show a clear legal right to the performance by the respondent of a particular duty. See Fasenmyer v. Wainwright, 230 So.2d 129 (Fla.1969). The petition does not make a sufficient showing that the district court failed to perform a particular duty imposed upon it by law. Accordingly, this Court has no_ jurisdiction to issue the writ, and the petition is hereby dismissed.
WELLS, C.J., and HARDING, LEWIS and QUINCE, JJ., concur. SHAW, J., dissents with an opinion, in which ANSTEAD, J., concurs. PARIENTE, J., dissents with an opinion.
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Hiroaki KOBAYASHI, Petitioner, v. Hollis M. KOBAYASHI, Respondent, 777 So. 2d 951 | CaseLite