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Wallace v. State

Supreme Court of Florida
Nov 22, 2006
944 So. 2d 988 (Fla. 2006)

Opinion

SC06-2047.

November 22, 2006.

Lower Tribunal Nos. 93-3110-CFAES, 5D05-4480.


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).

WELLS, PARIENTE, QUINCE and BELL, JJ., concur.

ANSTEAD, J., would transfer to circuit court as appeal of administrative sanctions.


Summaries of

Wallace v. State

Supreme Court of Florida
Nov 22, 2006
944 So. 2d 988 (Fla. 2006)
Case details for

Wallace v. State

Case Details

Full title:ANSELM LAMONTE WALLACE, Petitioner(s) v. STATE OF FLORIDA, Respondent(s)

Court:Supreme Court of Florida

Date published: Nov 22, 2006

Citations

944 So. 2d 988 (Fla. 2006)