JULIAN GIBSON, APPELLANT,
v.
FLORIDA PAROLE AND PROBATION COMMISSION, APPELLEE
JULIAN GIBSON, APPELLANT,
FLORIDA PAROLE AND PROBATION COMMISSION, APPELLEE
450 So. 2d 553
Florida District Court of Appeal, First District (1984)
Positive Treatment
Cited by 9 cases
Opinion of the Court
PER CURIAM.
The circuit court’s denial of appellant’s petition for writ of mandamus seeking review of the presumptive parole release date established by the Commission is affirmed because appellant failed to allege in his petition, or show by providing an appendix, that he had exhausted his administrative remedies. See Houston v. Florida Parole and Probation Commission, 377 So. 2d 34 (Fla. 1st DCA 1979).
AFFIRMED.
ERVIN, C.J., and THOMPSON and WIG-GINTON, JJ„ concur.
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Holcomb v. Dep't OF Corr., 609 So. 2d 751 (Fla. 1st DCA 1992)…files a petition for mandamus, the court has the initial task of assessing the legal sufficiency of the allegations. If the court finds the allegations insufficient, it will deny the petition, see, e.g., Gibson v. Florida Parole & Probation Comm’n, 450 So. 2d 553 (Fla. 1st DCA 1984), or dismiss those claims that are factually insufficient, see, e.g., Adams v. Wainwright, 512 So. 2d 1077 (Fla. 1st DCA1987). However, if the petition is facially sufficient, the court must issue an alternative writ, i.e., an ord…
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Smith v. Fla. Parole & Prob. Comm'n, 519 So. 2d 686 (Fla. 1st DCA 1988)…PER CURIAM. Having failed to allege in his petition that he had exhausted his administrative remedies, appellant’s Petition for Writ of Habeas Corpus was properly dismissed. Gibson v. Florida Parole and Probation Commission, 450 So. 2d 553 (Fla. 1st DCA 1984). AFFIRMED. SMITH, C.J., and ERVIN and NIMMONS, JJ., concur.…
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S.J. v. Thomas, 233 So. 3d 490 (Fla. 1st DCA 2017)…files a petition for mandamus, the court has the initial task of assessing the legal sufficiency of the allegations'. If the court finds the allegations insufficient, it will deny the petition, see, e.g., Gibson v. Florida Parole & Probation Comm’n, 450 So. 2d 553 (Fla. 1st DCA 1984), or dismiss those claims that are factually insufficient, see, e.g., Adams v. Wainwright, 512 So. 2d 1077 (Fla. 1st DCA 1987). However, if the petition is facially sufficient, the court must issue an alternative writ, i.e., an or…
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- Houston v. Fla. Parole & Prob. Comm'n & Clarence Desye, 377 So. 2d 34 (Fla. 1st DCA 1979)