JACK MASSENGALE, APPELLANT,

v.

MICHAEL D. RAY, ET AL., APPELLEES

Citator

Cited By

• Cleon L. Smith v. State, 685 So. 2d 912 (Fla. 5th DCA 1996)
  …684 So. 2d 173 (Fla.1996). If petitioner is entitled to this gain time and yet he is unsuccessful in obtaining this credit through administrative or judicial remedies against the Department of Corrections, see Duggan v. Department of Corrections, 665 So. 2d 1152 (Fla. 5th DCA 1996), then, on the date he would otherwise be eligible for release, had proper gain time been awarded, petitioner may apply for a writ of habeas corpus. Because of petitioner’s failure to appeal the prior order, however, this court ca…
• Gillespie v. State, 910 So. 2d 322 (Fla. 5th DCA 2005)
  …een resolved and his remedies have been exhausted. As such, the proper remedy is for the defendant to seek mandamus relief in the circuit court after the administrative process through the DOC has been exhausted. See Duggan v. Dep’t. of Corrections, 665 So. 2d 1152 (Fla. 5th DCA 1996). AFFIRMED. SHARP, W. and THOMPSON, JJ„ concur. . See Fla.R.Crim.P. 3.800(a).…
• Speed v. State, 686 So. 2d 748 (Fla. 5th DCA 1997)
  …rst file an administrative grievance with the Department. If that remedy fails to obtain an award of the proper gain-time credit, Speed should file a petition for writ of mandamus in the circuit court. See, e.g., Duggan v. Department of Corrections, 665 So. 2d 1152 (Fla. 5th DCA 1996); Bland v. State, 664 So. 2d 35 (Fla. 5th DCA 1995). AFFIRMED. DAUKSCH and COBB, JJ., concur.…

Authorities Cited

• Rupp v. Philpot, 619 So. 2d 1047 (Fla. 5th DCA 1993)