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VALE v. STATE

Supreme Court of Florida
Mar 7, 2008
979 So. 2d 221 (Fla. 2008)

Opinion

No. SC07-2179.

March 7, 2008.

Lower Tribunal No(s). 5D07-3466.


To the extent Petitioner is seeking the issuance of a writ of prohibition, the petition is hereby denied. See English v. McCrary, 348 So. 2d 293, 296-97 (Fla. 1977) (stating that "[p]rohibition is an extraordinary writ, a prerogative writ, extremely narrow in scope and operation, by which a superior court, having appellate and supervisory jurisdiction over an inferior court or tribunal possessing judicial or quasi-judicial power, may prevent such inferior court or tribunal from exceeding jurisdiction or usurping jurisdiction over matters not within its jurisdiction . . .").

To the extent Petitioner is seeking the issuance of a writ of mandamus, the petition is hereby denied. See State ex rel. North St. Lucie River Drainage Dist. v. Kanner, 152 Fla. 400, 403, 11 So. 2d 889, 890 (Fla. 1943) (stating that "mandamus cannot be maintained to control or direct the manner in which [a] court shall act in the lawful exercise of its jurisdiction"); 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 BELL, JJ., concur.


Summaries of

VALE v. STATE

Supreme Court of Florida
Mar 7, 2008
979 So. 2d 221 (Fla. 2008)
Case details for

VALE v. STATE

Case Details

Full title:EDWARD VALE, Petitioner(s) v. STATE OF FLORIDA, Respondent(s)

Court:Supreme Court of Florida

Date published: Mar 7, 2008

Citations

979 So. 2d 221 (Fla. 2008)