MURRELL v. YOUNG, 944 So.2d 345 (Fla. 2006)

JOYCE ANN MURRELL, Petitioner(s) v. DAVID F. YOUNG, ET AL., Respondent(s).

No. SC06-1075.Supreme Court of Florida.
November 6, 2006.

[EDITORS’ NOTE: This case is unpublished as indicated by the issuing court.]

Lower Tribunal Nos. 4D05-3119, 4D05-4171, 4D05-4567, 04-353-CA.

To the extent that the petition seeks a writ of coram nobis, the petition is dismissed for lack of jurisdiction. See Fla. R. Civ. P. 1.540(b).

To the extent that the petition seeks other extraordinary writ relief, the petition is denied. See English v. McCrary, 348 So.2d 293 (Fla. 1977) (stating “[p]rohibition may only be granted when it is shown that a lower court is without jurisdiction or attempting to act in excess of jurisdiction. . . . [i]ts purpose is to prevent the doing of something, not to compel the undoing of something already done”); Huffman v. State, 813 So.2d 10 (Fla. 2000) (stating that in order to be entitled to a writ of mandamus, a petitioner must show a clear legal right to the performance of the requested act, that the respondent has an indisputable legal duty to perform that act, and that no other adequate remedy exists); 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)); Travelers Ins. Co. v. Rodriguez, 357 So. 2d 464 (Fla. 2d DCA 1978) (stating that it is well established that the district court has the authority to dismiss a case for failure to comply with its orders or rules of procedure).

To the extent that the petitioner seeks relief from the judgment of the Circuit Court for the Nineteenth Judicial Circuit, in and for Martin County, Florida, the petition is denied without prejudice.

All motions and other requests for relief are hereby denied.