Opinion
CASE NO.: SC13-1587 Lower Tribunal No.: 9096-CF-53 Lower Tribunal No.: 90-152-CF-53
01-29-2014
TOMMY GAINES 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. See 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 mandamus directed toward the circuit court, the petition is dismissed because this Court generally will not consider the repetitive petitions of persons who have abused the judicial processes of the lower courts such that they have been barred from filing certain actions there. See Pettway v. State, 776 So. 2d 930, 931 (Fla. 2000). Any motions or other requests for relief are denied. PARIENTE, LEWIS, CANADY, LABARGA, and PERRY, JJ., concur. A True Copy
Test:
__________________________
John A. Tomasino
Clerk, Supreme Court
sh
Served:
HON. PAMELA JO BONDI
TOMMY LEE GAINES
HON. TIM SMITH, CLERK