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Kinsey v. McDonough

Supreme Court of Florida
Jul 6, 2006
935 So. 2d 1220 (Fla. 2006)

Opinion

Case No. SC06-191.

July 6, 2006.


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. See State ex rel. North St. Lucie River Drainage Dist. v. Kanner, 152 Fla. 400, 403, 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] proper to mandate the doing (or undoing) of a discretionary act"), approved, 431 So. 2d 986 (Fla. 1983). LEWIS, C.J., and ANSTEAD, QUINCE, CANTERO and BELL, JJ., concur.


Summaries of

Kinsey v. McDonough

Supreme Court of Florida
Jul 6, 2006
935 So. 2d 1220 (Fla. 2006)
Case details for

Kinsey v. McDonough

Case Details

Full title:JAMES T. KINSEY, Petitioner(s) v. JAMES R. McDONOUGH, ETC., Respondent(s)

Court:Supreme Court of Florida

Date published: Jul 6, 2006

Citations

935 So. 2d 1220 (Fla. 2006)