Opinion
CASE NO.: SC13-396 Lower Tribunal No.: 5D12-3697 Lower Tribunal No.: 05-2005-CF-31054-A
04-19-2013
CLARENCE A. ZACKE Petitioner(s) v. STATE OF FLORIDA 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). PARIENTE, QUINCE, CANADY, LABARGA, and PERRY, JJ., concur. A True Copy
Test:
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Thomas D. Hall
Clerk, Supreme Couit
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Served:
HON. PAMELA R. MASTERS, CLERK
CLARENCE ZACKE
HON. PAMELA JO BONDI
HON. MITCH NEEDELMAN, CLERK