JAMES HAMBY, PETITIONER,
v.
STATE OF FLORIDA, RESPONDENT
Explore caselaw by topic → Browse Gain Time cases and more on FLexlaw
PETERSON, Judge.
James Hamby, an inmate at Marion Correctional Institution, petitioned for a writ of habeas corpus, alleging that he lost eighty days’ gain time as a result of disciplinary action and that the record supports his position that the time should be restored. We deny the petition.
Habeas corpus relief is not available as a remedy to contest loss of gain time unless an inmate is being unlawfully detained and is entitled to an immediate release. See Thomas v. Dugger, 548 So. 2d 230 (Fla.1989); Williams v. State, 519 So. 2d 723 (Fla. 5th DCA 1988). If Hamby has exhausted his administrative remedies, he may be entitled to seek a writ of mandamus in the circuit court to compel lawful application of gain time rules. See, e.g., Crain v. State, 579 So. 2d 411 (Fla. 2d DCA 1991); Cole v. Dugger, 543 So. 2d 1296 (Fla. 1st DCA 1989); Hall v. Wainwright, 498 So. 2d 670 (Fla. 1st DCA 1986).
DENIED.
DAUKSCH and HARRIS, JJ., concur.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
-
Kendall Racquetball Invs., Ltd. v. The Green Cos., 657 So. 2d 1187 (Fla. 3d DCA 1995)…terest on the costs awarded. We agree. An award of prejudgment interest is proper where the damages are liquidated. Argonaut Ins. Co. v. May Plumbing Co., 474 So. 2d 212 (Fla.1985). Litigation costs are not liquidated damages. Williams v. Williams, 619 So. 2d 972, 973 (Fla. 3d DCA 1993); Temple v. Temple, 539 So. 2d 564 (Fla. 4th DCA 1989). Thus, the trial court erred by awarding prejudgment interest on costs. As a result, we reverse that portion of the cost judgment awarding prejudgment interest and affirm…
-
Seiffert v. Seiffert, 702 So. 2d 273 (Fla. 1st DCA 1997)…ening deposit was an account jointly-held by the parties. On remand, the trial court shall revisit its findings as to which of the parties’ assets are properly designated as marital. See § 61.075(5)(b)2, Fla. Stat. (Supp.1996); Williams v. Williams, 619 So. 2d 972 (Fla. 3d DCA 1993) (piano inherited by former husband was not a marital asset subject to distribution). Finally, the former husband argues that the trial court erred in determining the date on which to determine the marital estate. As indicated, th…
-
Cole v. Leyla Isabel Sicilia Cole, 648 So. 2d 252 (Fla. 3d DCA 1994)…1(2)(c), Fla.Stat. (1993). We agree with the husband, however, that the trial court erred in awarding interest on the attorney’s fees. These expenses constitute litigation costs not subject to a grant of prejudgment interest. Williams v. Williams, 619 So. 2d 972 (Fla.3d DCA 1993). Further, the erroneous award of post-judgment interest on the prejudgment interest must also be vacated. See Perez Sandoval v. Banco de Commercio, S.A, C.A., 582 So. 2d 179 (Fla.3d DCA 1991); see also Central Constructors, Inc. v.…
Authorities Cited
- Hall v. Louie L. Wainwright, 498 So. 2d 670 (Fla. 1st DCA 1986)
- Mapp v. Armco Specialty Steel Div. & Cigna, 543 So. 2d 1296 (Fla. 1st DCA 1989)
- Thomas v. Dugger, 548 So. 2d 230 (Fla. 1989)
- Dep't of Health & Rehabilitative Servs. v. Laurian Anne Rauen Spankie, 519 So. 2d 723 (Fla. 5th DCA 1988)
- Williams v. State, 519 So. 2d 723 (Fla. 5th DCA 1988)
- Corbitt v. State, 579 So. 2d 411 (Fla. 1st DCA 1991)