Mantilla v. Goldstein

District Court of Appeal of Florida

Mantilla v. Goldstein

608 So. 2d 828, 1992 WL 249582

CourtDistrict Court of Appeal of Florida

DecidedAugust 7, 1992

DocketNo. 92-01740

StatusPublished

This text of 608 So. 2d 828 (Mantilla v. Goldstein) is published on Counsel Stack Legal Research, covering District Court of Appeal of Florida primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Mantilla v. Goldstein, 608 So. 2d 828, 1992 WL 249582 (Fla. Ct. App. 1992).

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Opinion

Whether a criminal record should be sealed or expunged involves the exercise of judicial discretion, Hernandez v. State, 603 So.2d 105 (Fla.3d DCA 1992), as to which mandamus does not lie. Kloski v. Matecumbe Marina, Inc., 598 So.2d 275 (Fla.3d DCA 1992) (Mandamus not a vehicle to command performance of an act where public officer has discretion).

Mandamus is denied without prejudice to appeal.

NESBITT, FERGUSON and GODERICH, JJ., concur.

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Whether a criminal record should be sealed or expunged involves the exercise of judicial discretion, Hernandez v. State, 603 So.2d 105 (Fla.3d DCA 1992), as to which mandamus does not lie. Kloski v. Matecumbe Marina, Inc., 598 So.2d 275 (Fla.3d DCA 1992) (Mandamus not a vehicle to command performance of an act where public officer has discretion).

Mandamus is denied without prejudice to appeal.

NESBITT, FERGUSON and GODERICH, JJ., concur.

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608 So. 2d 828, 1992 WL 249582, Counsel Stack Legal Research, https://law.counselstack.com/opinion/mantilla-v-goldstein-fladistctapp-1992.

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