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Henry v. State

Supreme Court of Florida
Jan 7, 2011
53 So. 3d 229 (Fla. 2011)

Opinion

Case No. SC10-2232.

January 7, 2011.

Lower Tribunal No(s). 2D10-3628, 08-28CF.


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).

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


Summaries of

Henry v. State

Supreme Court of Florida
Jan 7, 2011
53 So. 3d 229 (Fla. 2011)
Case details for

Henry v. State

Case Details

Full title:DONALD HENRY, Petitioner(s) v. STATE OF FLORIDA, Respondent(s)

Court:Supreme Court of Florida

Date published: Jan 7, 2011

Citations

53 So. 3d 229 (Fla. 2011)