Opinion
Case No. SC06-2102.
November 29, 2006.
Lower Tribunal No. 1D05-5915.
WELLS, ANSTEAD, PARIENTE, QUINCE and BELL, JJ., concur.
To the extent the Petitioner seeks prohibition relief, the petition 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).
To the extent the Petitioner is seeking to invoke this Court's all writs jurisdiction, the petition is dismissed for lack of jurisdiction.See Williams v. State, 913 So. 2d 541, 543-44 (Fla. 2005) (stating that "[i]n the present cases . . . neither petitioner . . . cites an independent basis that would allow the Court to exercise its all writs authority, and no such basis is apparent on the face of the petitions");St. Paul Title Ins. Corp. v. Davis, 392 So. 2d 1304, 1305 (Fla. 1980) (stating that "all writs provision of [article V,] section 3(b)(7) [of the Florida Constitution] 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 as petitioner is hereby seeking to use it").
The request for oral argument and "Emergency Motion for Constitutional Stay" are hereby denied.