Opinion
No. SC06-2159.
December 5, 2006.
Lower Tribunal No. 2D04-797.
To the extent the Petitioner seeks prohibition relief, the petition for writ of prohibition is hereby denied. See English v. McCrary, 348 So.2d 293, 296-97 (Fla. 1977) (holding that prohibition may only be granted when it is shown that a lower court is without jurisdiction or attempting to act in excess of jurisdiction and may be invoked only in emergency cases to forestall an impending present injury where the person seeking the writ has no other appropriate and adequate legal remedy).
To the extent the Petitioner is seeking mandamus relief, the petition is 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, 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, ANSTEAD, PARIENTE, QUINCE and CANTERO, JJ., concur.