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Lowery v. State

Supreme Court of Florida
Jul 15, 2009
14 So. 3d 1004 (Fla. 2009)

Opinion

No. SC09-50.

July 15, 2009.

Lower Tribunal No(s). 1D08-109.


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, CANADY, LABARGA, and PERRY, JJ., concur.


Summaries of

Lowery v. State

Supreme Court of Florida
Jul 15, 2009
14 So. 3d 1004 (Fla. 2009)
Case details for

Lowery v. State

Case Details

Full title:BYRON LOWERY, Petitioner(s) v. STATE OF FLORIDA, Respondent(s)

Court:Supreme Court of Florida

Date published: Jul 15, 2009

Citations

14 So. 3d 1004 (Fla. 2009)