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Lowery v. State

Supreme Court of Florida
Oct 29, 2009
Case No. SC09-718 (Fla. Oct. 29, 2009)

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.


Summaries of

Lowery v. State

Supreme Court of Florida
Oct 29, 2009
Case No. SC09-718 (Fla. Oct. 29, 2009)
Case details for

Lowery v. State

Case Details

Full title:BYRON LOWERY, Petitioner(s) v. STATE OF FLORIDA, Respondent(s)

Court:Supreme Court of Florida

Date published: Oct 29, 2009

Citations

Case No. SC09-718 (Fla. Oct. 29, 2009)