MONACELLI v. FLORIDA DEPT., 48 So.3d 836 (Fla. 2010)

No. SC10-1191.Supreme Court of Florida.
November 3, 2010.

Lower Tribunal No(s). 2D10-2214, 09-890CA.

Because petitioner has failed to show a clear legal right to the relief requested, she is not entitled to mandamus relief. Accordingly, the petition for writ of mandamus is hereby denied. See Huffman v. State, 813 So. 2d 10, 11 (Fla. 2000).

The motion of respondents Lee County School Board and Hendry County School Board for appellate attorneys’ fees based on section 57.105, Florida Statutes (2009), is hereby provisionally granted and is remanded to the trial court to determine the amount, conditioned on the moving parties prevailing pursuant to section 57.105, Florida Statutes, and any other applicable statutes, rules and case law. Petitioner’s motion to strike the motion for attorneys’ fees is denied.

CANADY, C.J., and PARIENTE, LEWIS, LABARGA, and PERRY, JJ., concur.