FLORIDA DEPARTMENT OF CORRECTIONS, PETITIONER,
v.
MARK A. WILSON, RESPONDENT

Fla. 3d DCA | 1992-02-25
No. 91-2706
Before JORGENSON, LEVY and GODERICH, JJ.
594 So. 2d 330 Florida District Court of Appeal, Third District (1992) Positive Treatment
Cited by 18 cases

Opinion of the Court
PER CURIAM.

PER CURIAM.

The Florida Department of Corrections petitions for a Writ of Certiorari to review an order of the Circuit Court prohibiting petitioner from cutting the hair of the respondent who is an inmate in the custody of the petitioner. In support of its petition, one of the arguments advanced by petitioner is that it was not given notice of the hearing held before the Circuit Judge. The record supports this contention, reflecting only that notice was given to a county agency that is not part of the Florida Department of Corrections.

Accordingly, we grant certiorari and quash the order of the Circuit Court under review herein.

In view of the foregoing, we do not reach the other points raised by petitioner.


Cases With Similar Vibessemantic neighbors from the corpus


Citator

Cited By

  • Singletary v. Lancy Duggins, 724 So. 2d 1234 (Fla. 3d DCA 1999)
    …rom cutting Dug-gins’ hair (based on Duggins’ religious beliefs). We grant the writ and quash the trial court’s order as the DOC was not given notice of the proceedings through which the order was entered. See Florida Dep’t of Corrections v. Wilson, 594 So. 2d 330 (Fla. 3d DCA 1992). We also observe that even if notice had been given, the trial court lacks authority in this criminal action to regulate the treatment of a sentenced defendant in the prison system. Singletary v. Acosta, 659 So. 2d 449 (Fla. 3d DC…
  • Fla. Dep't OF Corr. v. Pride, 706 So. 2d 133 (Fla. 3d DCA 1998)
    …tion prior to entry of the order. See Florida Department of Corrections v. Wilson, 606 So. 2d 1285 (Fla. 3d DCA 1992); Florida Department of Corrections v. Savariau, 600 So. 2d 570 (Fla. 3d DCA 1992); and Florida Department of Corrections v. Wilson, 594 So. 2d 330 (Fla. 3d DCA 1992). Second, on the merits, the Florida Department of Corrections’ hair regulation has been upheld against an indistinguishable religious- [*134] based challenge. See Harris v. Chapman, 97 F. 3d 499 (11th Cir.1996). Accordingly, t…
  • Singletary v. Hildra Jones, 709 So. 2d 189 (Fla. 4th DCA 1998)
    …certiorari and quash the trial court’s November 21, 1997 order which prohibits the cutting or altering of the defendant’s hair. See Florida Dep’t of Corrections v. Savariau, 600 So. 2d 570 (Fla. 3d DCA 1992); Florida Dep’t of Corrections v. Wilson, 594 So. 2d 330 (Fla. 3d DCA 1992); Martinelli v. Dugger, 817 F. 2d 1499 (11th Cir.1987), cert. denied, 484 U.S. 1012, 108 S.Ct. 714, 98 L.Ed.2d 664 (1988); Harris v. Chapman, 97 F. 3d 499 (11th Cir. 1996), cert. denied, — U.S. -, 117 S.Ct. 2422, 138 L.Ed.2d 185 (1…

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