Opinion
No. SC08-1647.
January 8, 2009.
Lower Tribunal No(s). 3D08-452, 91-14806.
To the extent that the petition seeks to invoke the Court's "all writs" jursidiction, the petition is dismissed for lack of jurisdiction. "The all writs provision of section 3(b)(7) does not confer added appellate jurisdiction on this Court, and this Court's all writs power cannot be used as an independent basis of jurisdiction. . . ." St. Paul Title Ins. Corp. v. Davis, 392 So. 2d 1304, 1305 (Fla. 1980). See also Florida Senate v. Graham, 412 So. 2d 360, 361(Fla. 1982) (stating that "all writs" jurisdiction permits review of matters and issuance of writs necessary to aid in the exercise of the Court's "ultimate jurisdiction").
To the extent that the petition seeks relief by way of another extraordinary writ, the petition is hereby denied as procedurally barred. A petition for extraordinary relief is not a second appeal and cannot be used to litigate or relitigate issues that were or could have been raised on direct appeal or in prior postconviction proceedings. See Denson v. State, 775 So. 2d 288, 290 (Fla. 2000); Breedlove v. Singletary, 595 So. 2d 8, 10 (Fla. 1992).
WELLS, ANSTEAD, PARIENTE, LEWIS, and CANADY, JJ., concur.