Opinion
No. SC09-109.
February 19, 2009.
Lower Tribunal No(s). 4D07-3750, 07-6293COWE80.
Because petitioner has failed to show that the Fourth District Court of Appeal has a ministerial duty to decide the merits of Rosa v. Beracha, No. 4D07-3750, the petition for writ of mandamus is hereby denied. See Huffman v. State, 813 So. 2d 10, 11 (Fla. 2000); 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).
WELLS, LEWIS, CANADY, POLSTON, and LABARGA, JJ., concur.