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Donner v. Hetherington

Supreme Court of Florida.
Jan 30, 2014
134 So. 3d 446 (Fla. 2014)

Opinion

Nos. SC13–492 SC13–494.

2014-01-30

Miriam DONNER, Petitioner(s) v. Vernon HETHERINGTON, et al., Respondent(s).


The petition for writ of mandamus is hereby 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, 152 Fla. 400, 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). The petition for writ of prohibition is hereby dismissed as moot.

PARIENTE, LEWIS, QUINCE, CANADY, and PERRY, JJ., concur.


Summaries of

Donner v. Hetherington

Supreme Court of Florida.
Jan 30, 2014
134 So. 3d 446 (Fla. 2014)
Case details for

Donner v. Hetherington

Case Details

Full title:Miriam DONNER, Petitioner(s) v. Vernon HETHERINGTON, et al., Respondent(s).

Court:Supreme Court of Florida.

Date published: Jan 30, 2014

Citations

134 So. 3d 446 (Fla. 2014)