Opinion
CASE NO.: SC13-528 Lower Tribunal No.: 4D10-3630 Lower Tribunal No.: 20082880CA09
02-12-2014
FREDERICK MENSING, ET UX. Petitioner(s) v. ANTHONY D'AMICO 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). The respondent's "motion for review of stay" is denied without prejudice to him seeking appropriate relief in the district court. Any other motions or requests for relief are denied. PARIENTE, LEWIS, QUINCE, CANADY, and PERRY, JJ., concur. A True Copy
Test:
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John A. Tomasino
Clerk, Supreme Court
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Served:
RICHARD EDMOND STRINGER
FREDERICK MENSING
HON. JEFFREY R. SMITH, CLERK
HON. MARILYN BEUTTENMULLER, CLERK