Damien L. Suarez, Petitioner, v. State of Florida, Respondent. (2026)

Damien Suarez filed a petition for writ of certiorari asking this Court to “command[ ] the respondent to enter an order finding [ ] Petitioner incompetent to proceed and to release him on conditional release.” Based upon the particular posture of this case and the lower tribunal's ongoing efforts to conduct a proper competency proceeding, the petition for writ of certiorari is premature at this time. See Morgan, Colling & Gilbert, P.A. v. Pope, 756 So. 2d 201, 202 (Fla. 2d DCA 2000) (denying a petition for writ of certiorari as premature because the Appellant could raise the issue through another petition for writ of certiorari).

To the extent that Petitioner is seeking an order from this Court compelling the lower tribunal to find Petitioner incompetent, we treat the instant petition as a petition for writ of mandamus and deny the petition on the basis that mandamus cannot be used to compel a particular result. Fla. R. App. P. 9.040(c) (“If a party seeks an improper remedy, the cause must be treated as if the proper remedy had been sought; provided that it will not be the responsibility of the court to seek the proper remedy.”); Lakeshore Townhomes Condo. Ass’n, Inc. v. Bush, 664 So. 2d 1170, 1170 (Fla. 4th DCA 1995) (explaining that mandamus is available to compel the performance of a purely ministerial act, like the requirement that the lower tribunal rule on a ripe motion, but is not available “to compel a judge to rule a particular way”).

Petition for Writ of Certiorari DISMISSED and Petition for Writ of Mandamus DENIED.

PER CURIAM.

NARDELLA, WOZNIAK and GANNAM, JJ., concur.