Opinion
Case No. SC06-280.
June 8, 2006.
Lower Tribunal No. 5D04-4040.
Because Petitioner has failed to show that the the district court had a ministerial duty to entertain a request for a writ of certiorari in case number 5D04-4040, the petition for writ mandamus is hereby denied. See State ex rel. North St. Lucie River Drainage Dist. v. Kanner, 152 Fla. 400, 403, 11 So. 2d 889, 890 (Fla. 1943) (stating that "mandamus cannot be maintained to control or direct the manner in which [a] court shall act in the lawful exercise of its jurisdiction"); 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)).
WELLS, ANSTEAD, LEWIS, QUINCE and CANTERO, JJ., concur.