WARREN T. CURRY, PETITIONER,
v.
LOUIE L. WAINWRIGHT, ETC., RESPONDENT
COWART, Judge.
The first district, not this district, is the proper venue for a petition for mandamus seeking to require the Florida Parole and Probation Commission to give credit for time served in computing petitioner’s presumptive parole release date. Taylor v. Wainwright, 418 So. 2d 1095 (Fla. 5th DCA 1982); Lyden v. Wainwright, 307 So. 2d 258 (Fla. 2d DCA 1974). Since the petition does not contain definite allegations that if the presumptive parole release date were properly computed, petitioner would be entitled to immediate release, this court cannot treat the petition as one for habeas corpus, as was done in Taylor and Lyden.
Accordingly, the cause is hereby transferred back to the First District Court of Appeal.
DAUKSCH and SHARP, JJ., concur.
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Burgess v. Crosby, 870 So. 2d 217 (Fla. 1st DCA 2004)…d. Stovall v. Cooper, 860 So. 2d 5 (Fla. 2d DCA 2003); Harris v. State, 713 So. 2d 1106 (Fla. 4th DCA 1998); Barber v. State, 661 So. 2d 355, 356 n. 2 (Fla. 3d DCA 1995); Singletaiy v. Powell, 602 So. 2d 969 (Fla. 1st DCA 1992); Curry v. Wainwright, 419 So. 2d 744 (Fla. 5th DCA 1982). See generally, Dickinson v. Florida Nat. Organization for Women, Inc., 763 So. 2d 1245 (Fla. 4th DCA 2000) (holding that a petition for writ of mandamus which challenges the quasi-judicial action of an agency is filed in the cou…
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Stovall v. Sergeant William Cooper, 860 So. 2d 5 (Fla. 2d DCA 2003)…urt in Leon County under the home venue privilege. See Harris v. State, 713 So. 2d 1106 (Fla. 4th DCA 1998); Barber v. State, 661 So. 2d 355, 356 n. 2 (Fla. 3d DCA 1995); Singletary v. Powell, 602 So. 2d 969 (Fla. 1st DCA 1992); Curry v. Wainwright, 419 So. 2d 744 (Fla. 5th DCA 1982). But see Grant v. State, 837 So. 2d 1075 (Fla. 4th DCA 2003) (holding that the remedy for a defendant who was not given the proper gain time is to file a petition for a writ of mandamus in the county where he is incarcerated); As…
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Curry v. Louie L. Wainwright, 422 So. 2d 1029 (Fla. 1st DCA 1982)…PER CURIAM. The fifth district indicated that this petition, transferred back to this court with opinion, Curry v. Wainwright, 419 So. 2d 744 (Fla. 5th DCA 1982), is “seeking to require the Florida Parole and Probation Commission to give credit for time served in computing petitioner’s presumptive parole release date.” However, our reading of the petition indicates that Curry is seeking t…
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- Taylor v. Louie L. Wainwright, 418 So. 2d 1095 (Fla. 5th DCA 1982)
- Lyden v. Louie L. Wainwright, 307 So. 2d 258 (Fla. 2d DCA 1974)