Opinion
CASE NO.: SC12-1538 Lower Tribunal No.: 4D12-327 Lower Tribunal No.: 502007CA007103
01-08-2013
DANIEL THERAULT Petitioner(s) v. DEUTSCHE BANK NATIONAL TRUST COMPANY, ETC. Respondent(s)
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). Any motions or other requests for relief are hereby denied. PARIENTE, LEWIS, QUINCE, LABARGA, and PERRY, JJ., concur. A True Copy
Test:
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Thomas D. Hall
Clerk, Supreme Court
eg
Served:
DANIEL THERAULT
KIMBERLY STAFFA MELLO
HON. MARILYN BEUTTENMULLER, CLERK
HON. SHARON BOCK, CLERK
HON. MEENU TALWAR SASSER, JUDGE