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Davis v. State

Supreme Court of Florida
Sep 23, 2009
19 So. 3d 985 (Fla. 2009)

Opinion

No. SC09-1341.

September 23, 2009.

Lower Tribunal No(s). 4D08-4272, 84-14012CF10A.


Petitioner filed a "Petition for Writ of Mandamus or/ Petition for Writ of Prohibitions" on July 13, 2009. To the extent Petitioner is seeking mandamus relief, the petition is denied. 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 Petitioner is seeking prohibition relief, the petition is dismissed as facially insufficient.

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


Summaries of

Davis v. State

Supreme Court of Florida
Sep 23, 2009
19 So. 3d 985 (Fla. 2009)
Case details for

Davis v. State

Case Details

Full title:WILLIE FRANK DAVIS, Petitioner(s) v. STATE OF FLORIDA, Respondent(s)

Court:Supreme Court of Florida

Date published: Sep 23, 2009

Citations

19 So. 3d 985 (Fla. 2009)