From Casetext: Smarter Legal Research

Mathias v. Elton

Supreme Court of Florida
Feb 11, 2008
977 So. 2d 577 (Fla. 2008)

Opinion

No. SC07-2352.

February 11, 2008.

Lower Tribunal No(s). 5D07-3061.


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)

WELLS, ANSTEAD, QUINCE, CANTERO, and BELL, JJ., concur


Summaries of

Mathias v. Elton

Supreme Court of Florida
Feb 11, 2008
977 So. 2d 577 (Fla. 2008)
Case details for

Mathias v. Elton

Case Details

Full title:WILLIAM J. MATHIAS, JR., Petitioner(s) v. TAMI COE ELTON, Respondent(s)

Court:Supreme Court of Florida

Date published: Feb 11, 2008

Citations

977 So. 2d 577 (Fla. 2008)