Opinion
CASE NO.: SC13-1102 Lower Tribunal No.: 3D13-871 Lower Tribunal No.: 03-13230 Lower Tribunal No.: 09-20076
2013-10-07
LARRY HIGHTOWEJ Petitioner(s) v. STATE OF FLORIDA 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). PARIENTE, LEWIS, QUINCE, CANADY, and LABARGA, JJ., concur. A True Copy
Test:
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Thomas D. Hall
Clerk, Supreme Court
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Served:
LARRY HIGHTOWER
HON. PAMELA JO BONDI
HON. MARY CAY BLANKS, CLERK
HON. HARVEY RUVIN, CLERK