Opinion
Case No. SC02-1650.
March 19, 2004.
Lower Tribunal No. 5D01-2152.
Because petitioner has failed to show that the Fifth District Court of Appeal had a ministerial duty to reinstate his appeal or grant a belated appeal, he is not entitiled to mandamus relief.See State ex rel. North St. Lucie River Drainage Dist. v. Kramer, 152 Fla. 400, 403, 11 So.2d 889, 890 (Fla. 1943) ("mandamus cannot be maintained to control or direct the manner in which [a] court shall act in the lawful exercise of its jurisdiction"); Migliore v. City of Lauderhill, 415 So.2d 62, 63 (Fla. 4th DCA 1982) (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). Accordingly, the petition for writ of mandamus is hereby denied on the merits.
WELLS, PARIENTE, LEWIS, QUINCE and CANTERO, JJ., concur.