Opinion
CASE NO.: SC12-2549 Lower Tribunal No.: 4D11-2031 Lower Tribunal No.: 01-6004 CF10A
03-13-2013
WILLIAM ED CLONINGER Petitioner(s) v. STATE OF FLORIDA Respondent(s)
Because a writ of mandamus cannot be issued to direct the manner in which a court shall act in the lawful exercise of its jurisdiction, the petition for writ of mandamus is denied. State ex rel. North St. Lucie River Drainage Dist. v. Kanner, 11 So. 2d 889, 890 (Fla. 1943); see also Migliore v. City of Lauderhill, 415 So. 2d 62, 63 (Fla. 4th DCA 1982) (stating that mandamus "is not an appropriate vehicle for review of a merely erroneous decision nor is it proper to mandate the doing (or undoing) of a discretionary act"), approved, 431 So. 2d 986 (Fla. 1983). PARIENTE, LEWIS, CANADY, LABARGA, and PERRY, JJ., concur. A True Copy
Test:
__________
Thomas D. Hall
Clerk, Supreme Court
eg
Served:
WILLIAM EDWARD CLONINGER
HON. PAMELA JO BONDI
HON. MARILYN BEUTTENMULLER, CLERK
HON. HOWARD FORMAN, CLERK