MIRATEL CAPITAINE
v.
DEPARTMENT OF CORRECTIONS
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A petition for writ of mandamus challenging a Department of Corrections disciplinary report was transferred from the Ninth Judicial Circuit Court to the Second Judicial Circuit Court of Leon County based on venue requirements for prison disciplinary actions.
The petition must be transferred to the Second Judicial Circuit Court of Leon County pursuant to Florida Rule of Appellate Procedure 9.040(b)(1), as venue properly lies in Leon County where the Department of Corrections is headquartered.
[1] A petition for writ of mandamus challenging prison disciplinary action is properly venued in Leon County, where the Department of Corrections is headquartered.
[2] A court shall transfer a case to the proper venue when it is determined that the case was filed in the wrong venue.
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Join FLexlaw to unlock all legal intelligence“Because the instant Petition challenges prison disciplinary action, venue properly lies in Leon County, where the Department of Corrections is headquartered, so transfer to the Second Judicial Circuit Court of Leon County is required under Florida law.”
Establishes the controlling legal principle that mandamus petitions involving prison disciplinary action must be brought in Leon County.
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Join FLexlaw to unlock all legal intelligencePetitioner filed a Petition for Writ of Mandamus seeking to compel the Department of Corrections to dismiss a disciplinary report against him. The pet…
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THIS MATTER came before the Court on the Petition of Writ of Mandamus, filed on October 16, 2019. Petitioner seeks to compel the Department of Corrections to dismiss a disciplinary report against him. Because the instant Petition challenges prison disciplinary action, venue properly lies in Leon County, where the Department of Corrections is headquartered, so transfer to the Second Judicial Circuit Court of Leon County is required under Florida law. See Wromas v. Jones, 201 So. 3d 648 (Fla. 3d DCA 2015) (transferring mandamus petition involving prison disciplinary action to Second Judicial Circuit Court of Leon County pursuant to Florida Rule of Appellate Procedure 9.040(b)(1)). See also McNeil v. Bailey, 50 So. 3d 109 (Fla. 1st DCA 2010) (venue proper in Leon County where Department of Corrections is headquartered with respect to mandamus petition involving prison disciplinary action). Therefore, pursuant to Florida Rule of Appellate Procedure 9.040(b)(1), it is ORDERED and ADJUDGED that the Petition of Writ of Mandamus is TRANSFERRED to the Second Judicial Circuit Court of Leon County. The Clerk of Court shall TRANSFER this matter forthwith. DONE AND ORDERED in Chambers, at Orlando, Orange County, Florida, the _______ day of ______________, 2020.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Authorities Cited
- McNEIL v. Bailey, 50 So. 3d 109 (Fla. 1st DCA 2010)
- Wromas v. Jones, 201 So. 3d 648 (Fla. 3d DCA 2015)