Opinion
Case No. SC03-2309.
May 6, 2004.
Lower Tribunal No. 5D03-2109.
Because mandamus cannot be used to control or direct the manner in which a lower court acts in the lawful exercise of its jurisdiction, the petition for writ of mandamus is hereby denied with prejudice. See State ex rel. N. St. Lucie River Drainage Dist., 11 So.2d 889, 890 (Fla. 1943) ("It is well settled that mandamus is the proper remedy to compel a court to exercise its jurisdiction when such court possesses jurisdiction and refuses to exercise it, but mandamus cannot be maintaimed to control or direct the manner in which such court shall act in the lawful exercise of its jurisdiction."); State v. Petteway, 117 So. 696 (Fla. 1928) (stating that mandamus may not be used to correct alleged error or to compel a court to exercise its discretion in any particular way).
WELLS, PARIENTE, QUINCE, CANTERO and BELL, JJ., concur.