Opinion
CASE NO.: SC12-1536 Lower Tribunal No.: 4D12-1020 Lower Tribunal No.: 502007CA007103
12-06-2012
DANIEL THERAULT Petitioner(s) v. DEUTSCHE BANK NATIONAL TRUST COMPANY, ETC. Respondent(s)
The petitioner has filed a petition for writ of mandamus with the Court. To the extent the petitioner seeks a writ of mandamus directed toward the district court, the petition is denied 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. 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). To the extent the petitioner seeks a writ of mandamus directed toward the circuit court, the petition is dismissed without prejudice to the petitioner seeking appropriate relief in the district court. Any motions or other requests for relief are hereby denied. PARIENTE, LEWIS, QUINCE, CANADY, and PERRY, JJ., concur. A True Copy
Test:
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Thomas D. Hall
Clerk, Supreme Court
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Served:
DANIEL THERAULT
KIMBERLY STAFFA MELLO
HON. MARILYN BEUTTENMULLER, CLERK
HON. SHARON BOCK, CLERK
HON. MEENU TALWAR SASSER, JUDGE