Opinion
Case No. SC05-1102.
January 12, 2006.
The petition for a writ of habeas corpus has been treated as a petition for a writ of mandamus, and is hereby denied. See Huffman v. State, 813 So. 2d 10, 11 (Fla. 2000) (holding that in order to be entitled to a writ of mandamus, the petitioner must show that he has a clear legal right to performance of the requested act, that the respondent has an indisputable legal duty to perform that act, and that no other adequate remedy exists);State ex. rel. North St. Lucie River Drainage Dist. v. Kanner, 11 So. 2d 889, 890 (Fla. 1943) (stating that "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) (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.