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Cunningham v. State

Supreme Court of Florida.
Apr 15, 2014
143 So. 3d 917 (Fla. 2014)

Opinion

No. SC13–1348.

2014-04-15

Peter J. CUNNINGHAM, Petitioner(s) v. STATE of Florida, Respondent(s).


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, the petition for writ of mandamus is denied. State ex rel. North St. Lucie River Drainage Dist. v. Kanner, 152 Fla. 400, 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).

PARIENTE, LEWIS, QUINCE, CANADY, and PERRY, JJ., concur.


Summaries of

Cunningham v. State

Supreme Court of Florida.
Apr 15, 2014
143 So. 3d 917 (Fla. 2014)
Case details for

Cunningham v. State

Case Details

Full title:Peter J. CUNNINGHAM, Petitioner(s) v. STATE of Florida, Respondent(s).

Court:Supreme Court of Florida.

Date published: Apr 15, 2014

Citations

143 So. 3d 917 (Fla. 2014)

Citing Cases

Cunningham v. State

[ECF No. 12-5 at 225-36]. The Supreme Court denied the petition in Cunningham v. State, 143 So.3d 917 (Fla.…