Opinion
Case No. SC09-718.
October 29, 2009.
Lower Tribunal No(s). 4D09-791, 93-16378CF10A.
Because petitioner has failed to show a clear legal right to review or reinstatement of the petition for writ of habeas corpus in Lowery v. State, No. 4D09-791 (Fla. 4th DCA March 25, 2009), he is not entitled to mandamus relief. Accordingly, the petition for writ of mandamus is hereby denied. See Huffman v. State, 813 So. 2d 10, 11 (Fla. 2000). See also Migliore v. City of Lauderhill, 415 So. 2d 62, 63 (Fla. 4th DCA 1982), approved, 431 So. 2d 986 (Fla. 1983) (providing that mandamus is neither an appropriate vehicle for review of a merely erroneous decision nor is it proper to mandate the doing (or undoing) of a discretionary act).
PARIENTE, LEWIS, CANADY, LABARGA, and PERRY, JJ., concur.