From Casetext: Smarter Legal Research

Claudio v. State

Supreme Court of Florida.
Oct 7, 2013
126 So. 3d 1056 (Fla. 2013)

Opinion

No. SC13–746.

2013-10-7

Raymond CLAUDIO, Petitioner(s) v. STATE of Florida, Respondent(s).


The petitioner has filed a petition for writ of mandamus with the Court. To the extent the petitioner seeks a writ of mandamus directed toward the district court, the petition is denied 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. 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). To the extent the petitioner seeks a writ of prohibition directed toward the district court, the petition is denied because a writ of prohibition cannot be issued to undo an order already issued. See Mandico v. Taos Constr., Inc., 605 So.2d 850 (Fla.1992); English v. McCrary, 348 So.2d 293 (Fla.1977). Any motions or other requests for relief are hereby denied.

PARIENTE, LEWIS, QUINCE, LABARGA, and PERRY, JJ., concur.


Summaries of

Claudio v. State

Supreme Court of Florida.
Oct 7, 2013
126 So. 3d 1056 (Fla. 2013)
Case details for

Claudio v. State

Case Details

Full title:Raymond CLAUDIO, Petitioner(s) v. STATE of Florida, Respondent(s).

Court:Supreme Court of Florida.

Date published: Oct 7, 2013

Citations

126 So. 3d 1056 (Fla. 2013)