VAN JACKSON
v.
DEPARTMENT OF CORRECTIONS, ET AL.

Fla. 1st DCA | 2020-10-07
No. 19-4342
303 So. 3d 1014 Florida District Court of Appeal, First District (2020) Positive Treatment
Cited by 1 case


Opinion of the Court
Affirmed. Ray

PER CURIAM.

Appellant Van Jackson, an inmate in the Florida correctional system, challenges the dismissal of his petition for a writ of mandamus as untimely filed. Assuming the petition was given to officials of the Department of Corrections for mailing on April 24, 2018, as claimed by Appellant, the petition was nevertheless untimely filed. See Thompson v. State, 761 So. 2d 324, 326 (Fla. 2000) (“The important date for purposes of the mailbox rule is the date when the inmate hands over his or her documents to prison officials for mailing.”).

As Appellant alleged in the petition, his administrative remedies were exhausted when the Secretary of the Department

denied the administrative appeal of his grievance on March 14, 2018. A party challenging a “disciplinary proceeding conducted by the Department of Corrections” has 30 days to file a court action. § 95.11(8), Fla. Stat. (2018). This time limit is jurisdictional, and hence, the trial court correctly dismissed the petition. See Whitfield v. Dep’t of Corr., 107 So. 3d 1210 (Fla. 1st DCA 2013).

AFFIRMED.

RAY, C.J., and BILBREY and JAY, JJ., concur. _____________________________


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