From Casetext: Smarter Legal Research

Catlin v. Beary

Supreme Court of Florida
Nov 27, 2007
973 So. 2d 1119 (Fla. 2007)

Opinion

No. SC07-1458.

November 27, 2007.


To the extent that petitioner seeks a writ of habeas corpus, the petition is hereby denied as procedurally barred. A petition for extraordinary relief is not a second appeal and cannot be used to litigate or relitigate issues which were or could have been raised on direct appeal or in prior postconviction proceedings. 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 a writ of mandamus, the petition is hereby denied. See Huffman v. State, 813 So. 2d 10, 11 (Fla. 2000) (stating that in order to be entitled to a writ of mandamus, petitioner must show clear legal right to performance of requested act, that respondent has indisputable legal duty to perform that act, and that no other adequate remedy exists); 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).

To the extent that petitioner seeks such other relief, the petition is hereby denied as legally insufficient.

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


Summaries of

Catlin v. Beary

Supreme Court of Florida
Nov 27, 2007
973 So. 2d 1119 (Fla. 2007)
Case details for

Catlin v. Beary

Case Details

Full title:REGINALD AL CATLIN, Petitioner(s) v. KEVIN BEARY, SHERIFF, Respondent(s)

Court:Supreme Court of Florida

Date published: Nov 27, 2007

Citations

973 So. 2d 1119 (Fla. 2007)