HARRY K. SINGLETARY, JR., SECRETARY, DEPARTMENT OF CORRECTIONS, APPELLANTS,
v.
GARY POWELL, APPELLEE
Explore caselaw by topic → Browse Venue Privilege cases and more on FLexlaw
ERVIN, Judge.
Appellee’s petition requesting that the Secretary of the Department of Corrections be ordered to award him provisional credits under Section 944.277, Florida Statutes (Supp.1990), in accordance with Anderson v. Dugger, 15 F.L.W. C56 (Fla.2d Jud.Cir. Ct. Oct. 18, 1990), should be treated as a petition for writ of mandamus. Venue properly lies in Leon County. See Dugger v. Grooms, 582 So. 2d 136 (Fla. 1st DCA 1991) (state entitled to assert common law venue privilege in connection with pleading that effectively requested mandamus relief); Bronson v. Florida Parole & Probation Comm’n, 474 So. 2d 409 (Fla. 1st DCA 1985) (petition for writ of habeas corpus seeking credit for time served on parole should be treated as one for writ of mandamus). The trial court’s order transferring venue to Hendry County is therefore REVERSED and the case is REMANDED for further proceedings.
SMITH and KAHN, JJ., concur.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
-
Burgess v. Crosby, 870 So. 2d 217 (Fla. 1st DCA 2004)…ounty where the Department of Corrections is headquartered. 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 t…
-
Stovall v. Sergeant William Cooper, 860 So. 2d 5 (Fla. 2d DCA 2003)…ime, habeas corpus is the proper remedy. Searcy v. Singletary, 590 So. 2d 1034, 1034 n. 1 (Fla. 2d DCA 1991). Otherwise, a petition for a writ of mandamus is the proper method for review of the Department’s denial of gain time. Singletary v. Powell, 602 So. 2d 969 (Fla. 1st DCA 1992). Because Stovall did not allege that he is entitled to immediate release, his petition for declaratory judgment must be treated as a petition for a writ of mandamus. The issue then becomes whether the trial court correctly trans…1 / 2
-
Barber v. State, 661 So. 2d 355 (Fla. 3d DCA 1995)…. . We invite the attention of the Department of Corrections to the sentencing order in circuit court case no. 92-19156. . Venue for such a mandamus proceeding is in the circuit court in Tallahassee, Leon County, Florida. See Singletary v. Powell, 602 So. 2d 969 (Fla. 1st DCA 1992); Dugger v. Grooms, 582 So. 2d 136 (Fla. 1st DCA 1991).…
Previewing 3 of 5 citing cases — full citator treatment, depth of discussion, and citing context are member features.
Join FLexlaw to unlock all legal intelligenceAuthorities Cited
- Dugger v. Grooms, 582 So. 2d 136 (Fla. 1st DCA 1991)
- Bronson v. Fla. Parole & Prob. Comm'n, 474 So. 2d 409 (Fla. 1st DCA 1985)