Opinion
CASE NO.: SC12-1607 Lower Tribunal No.: 5D12-1253 Lower Tribunal No.: 06-CF-007829-A-O
12-06-2012
VICTOR M. COSME-BURGOS APetitioner(s) v. STATE OF FLORID Respondent(s)
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. 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). LEWIS, QUINCE, CANADY, LABARGA, and PERRY, JJ., concur. A True Copy
Test:
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Thomas D. Hall
Clerk, Supreme Court
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Served:
HON. LAWSON LEDRAN LAMAR
HON. PAMELA R. MASTERS, CLERK
VICTOR M. COSME-BURGOS
HON. PAMELA JO BONDI
HON. LYDIA GARDNER, CLERK