Opinion
No. Case No. SC09-2231.
April 9, 2010.
Lower Tribunal No(s). 2D09-4861, 1996CF000041NC.
To the extent the petition for writ of mandamus seeks reinstatement of the petitioner's appeal in Farrior v. State, No. 2D09-4861, the petitioner has failed to show a clear legal right to the relief requested. Accordingly, the petition for writ of mandamus is hereby denied. See Huffman v. State, 813 So. 2d 10, 11 (Fla. 2000).
To the extent the petition for writ of mandamus seeks review of the Second DCAs decision in Farrior v. State, 707 So. 2d 777 (Fla. 2d DCA 1998), the petition for writ of mandamus is hereby denied 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. 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, POLSTON, and LABARGA, JJ., concur.