MISTY R. WEED
v.
STATE OF FLORIDA

Fla. 1st DCA | 2023-02-08
No. 23-0042
Florida District Court of Appeal, First District (2023) Positive Treatment
Cited by 10 cases

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Opinion of the Court

PER CURIAM.

DISMISSED. See State ex rel. North St. Lucie River Drainage Dist. v. Kanner, 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 maintained to control or direct the manner in which such court shall act in the lawful exercise of its jurisdiction. In other words, this court can compel an inferior court to act in the exercise of its lawful jurisdiction, but it cannot direct how it should act.”). RAY, OSTERHAUS, and TANENBAUM, JJ., concur. _____________________________


Cases With Similar Vibessemantic neighbors from the corpus


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Cited By

  • Kramp v. Osee R. Fagan, 568 So. 2d 479 (Fla. 1st DCA 1990)
    …filed a motion in the circuit court and that the assigned judge has not acted on the motion within a reasonable time. That, and only that, is the issue before this court. State ex rel. North St. Lucie River Drainage District v. Kanner, 152 Fla. 400, 11 So. 2d 889 (1943). The Holland decision relied upon by respondent was an appeal from a circuit court, order which denied a petition for writ of mandamus wherein petitioner sought to compel corrections officials to assign him a particular prefix to his inmate n…
  • City OF Coral Gables v. Sakolsky, 215 So. 2d 329 (Fla. 3d DCA 1968)
    …ompel a judicial or quasi-judicial tribunal to exercise its jurisdiction in any particular way. Sanitarians’ Registration Bd. v. Solomon, Fla.App.1963, 148 So. 2d 744. State ex rel. North St. Lucie River Drainage Dist. v. Kanner, 1943, 152 Fla. 400, 11 So. 2d 889; State ex rel. Gardiner v. Blanton, 1933, 112 Fla. 305, 150 So. 263; State ex rel. Dykeman v. Petteway, 1928, 96 Fla. 74, 117 So. 696. It is true that Sakolsky instituted mandamus action against the Commission on February 5, 1965, but that suit soug…
  • Johnson v. Jonathan S. Levine, M.D., 736 So. 2d 1235 (Fla. 4th DCA 1999)
    …mpel specific action by a trial judge “where the act sought to'be compelled is ministerial in its nature, and where the court, if it acts at all, can only act in one certain way.” State ex rel. North St. Lucie Drainage Dist. v. Banner, 152 Fla. 400, 11 So. 2d 889, 890 (1943). Plaintiff argues that section 44.103(5) imposes a non-discretionary, mandatory duty to enter judgments in favor of plaintiff and against the liable defendants who failed to request a trial de novo. She relies on the specific text in the…

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