Opinion
Case No. SC05-266.
May 6, 2005.
Lower Tribunal No. 2D05-130.
Petitioner filed a "Petition for Writ of Common Law Certiorari and Rule Nisi" which the Court has treated as a petition for writ of mandamus. To the extent that petitioner raises trial court error, the petition is denied as procedurally barred. See Breedlove v. Singletary, 595 So. 2d 8, 10 (Fla. 1992); Mills v. Dugger, 574 So. 2d 63, 65 (Fla. 1990). To the extent that petitioner seeks relief against the Second District Court of Appeal, the petition is denied because a petition for writ of mandamus is not proper to mandate the doing of a discretionary act. See Migliore v. City of Lauderhill, 415 So. 2d 62, 63 (Fla. 4th DCA 1982), approved, 431 So. 2d 986 (Fla. 1983). The lower courts have both permitted petitioner to re-file his claims in proper form, and, hence, he has not demonstrated prejudice. To the extent that petitioner seeks an investigation of State officials, the petition is dismissed for lack of jurisdiction.
WELLS, ANSTEAD, LEWIS, QUINCE and CANTERO, JJ., concur.