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Gillespie v. Barker

Supreme Court of Florida.
Mar 12, 2012
86 So. 3d 1113 (Fla. 2012)

Opinion

No. SC11–1622.

2012-03-12

Neil J. GILLESPIE, Petitioner(s) v. BARKER, RODEMS & COOK, et al., 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 towards 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 any additional relief, the petition is dismissed as facially insufficient.

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


Summaries of

Gillespie v. Barker

Supreme Court of Florida.
Mar 12, 2012
86 So. 3d 1113 (Fla. 2012)
Case details for

Gillespie v. Barker

Case Details

Full title:Neil J. GILLESPIE, Petitioner(s) v. BARKER, RODEMS & COOK, et al.…

Court:Supreme Court of Florida.

Date published: Mar 12, 2012

Citations

86 So. 3d 1113 (Fla. 2012)