From Casetext: Smarter Legal Research

Marshall v. State

Supreme Court of Florida
Jul 1, 2008
987 So. 2d 1210 (Fla. 2008)

Opinion

No. SC08-594.

July 1, 2008.

Date of decision or date rehearing denied (if requested).

Lower Tribunal No(s). 1D08-157.



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). Petitioner's "Supplemental Motion" also is hereby denied.

QUINCE, C.J., and WELLS, PARIENTE, CANTERO, and BELL, JJ., concur.


Summaries of

Marshall v. State

Supreme Court of Florida
Jul 1, 2008
987 So. 2d 1210 (Fla. 2008)
Case details for

Marshall v. State

Case Details

Full title:DAMON MARSHALL, Petitioner(s) v. STATE OF FLORIDA, Respondent(s)

Court:Supreme Court of Florida

Date published: Jul 1, 2008

Citations

987 So. 2d 1210 (Fla. 2008)