Precision Constructors, Inc. v. Valtec Construction, Inc.

On Motion for Rehearing Granted PER CURIAM. We hereby grant respondent’s motion for rehearing, withdraw our opinion dated July 13, 2005, and substitute the following: Upon consideration of Valtec’s motion for rehearing, we exercise our discretion to deny Precision’s Petition for Writ of Mandamus. Dickinson v. Stone, 251 So.2d 268 (Fla.1971)(mandamus is not awarded as a matter of right, but in the exercise of sound judicial discretion); O’Brien v. O.W. Campbell, 118 So.2d 672 (Fla. 3d DCA 1960)(accord).