From Casetext: Smarter Legal Research

Brinson v. State

Supreme Court of Florida
Jun 8, 2006
933 So. 2d 1153 (Fla. 2006)

Opinion

Case No. SC06-77.

June 8, 2006.


The all writs petition has been treated as a petition for writ of mandamus, and 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. See State ex rel. North St. Lucie River Drainage Dist. v. Kanner, 152 Fla. 400, 403, 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] proper to mandate the doing (or undoing) of a discretionary act"),approved, 431 So. 2d 986 (Fla. 1983).

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


Summaries of

Brinson v. State

Supreme Court of Florida
Jun 8, 2006
933 So. 2d 1153 (Fla. 2006)
Case details for

Brinson v. State

Case Details

Full title:LARRY E. BRINSON, Petitioner(s) v. STATE OF FLORIDA, Respondent(s)

Court:Supreme Court of Florida

Date published: Jun 8, 2006

Citations

933 So. 2d 1153 (Fla. 2006)