JAMES D. ASHLEY, APPELLANT,
v.
HARRY K. SINGLETARY, JR., SECRETARY, DEPARTMENT OF CORRECTIONS, APPELLEE
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The court affirmed the circuit court's dismissal of Ashley's habeas corpus petition because it was filed in the wrong county; a habeas corpus petition must be filed in the county where the prisoner is detained.
A habeas corpus petition must be filed in the circuit court of the county in which the prisoner is detained, and filing in any other county deprives that court of territorial jurisdiction.
[1] A habeas corpus petition filed in circuit court must be filed in the county where the prisoner is detained; filing in another county deprives the court of territorial jur…
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Join FLexlaw to unlock all legal intelligence“If a prisoner files a habeas corpus petition in circuit court, the petition must be filed in the circuit court of the county in which the prisoner is detained.”
Alachua Regional Juvenile Detention Ctr. v. T.O., establishing the jurisdictional requirement for habeas corpus petitions.
Ashley filed a Petition for Writ of Habeas Corpus or Alternatively Writ of Mandamus, but did not file it in the proper county where he was detained.…
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KUDER, Associate Judge.
As appellant did not file his Petition for Writ of Habeas Corpus or Alternatively Writ of Mandamus in the proper county, the circuit court properly denied his petition. See § 79.09, Fla. Stat. (“Before a circuit judge the [habeas corpus] petition and the papers shall be filed with the clerk of the circuit court of the county in which the prisoner is detained....”); Alachua Regional Juvenile Detention Ctr. v. T.O., 684 So. 2d 814, 816 (Fla.1996) (“If a prisoner files a habeas cor pus petition in circuit court, the petition must be filed in the circuit court of the county in which the prisoner is detained.”); Lewis v. Florida Parole Comm’n, 697 So. 2d 965, 966 (Fla. 1st DCA 1997) (“As long as appellant is incarcerated in the Tenth Judicial Circuit, only a court in that circuit has the power to entertain a petition for writ of habeas corpus, and therefore is the only court with territorial jurisdiction to adjudicate the merits of his claim.”); Searcy v. Singletary, 590 So. 2d 1034, 1034 n. 1 (Fla. 2d DCA 1991) (“Mandamus in the circuit court where the prisoner is housed is the proper remedy to compel the award of gain-time.”). Accordingly, we affirm the circuit court’s order without prejudice to appellant’s right to file a petition for appropriate relief in the proper court. See Bush v. State, 545 So. 2d 506 (Fla. 1st DCA 1989).
AFFIRMED.
MICKLE and LAWRENCE, JJ., concur.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
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Stovall v. Sergeant William Cooper, 860 So. 2d 5 (Fla. 2d DCA 2003)…. But see Grant v. State, 837 So. 2d 1075 (Fla. 4th DCA 2003) (holding that the remedy for a defendant who was not given the proper gain time is to file a petition for a writ of mandamus in the county where he is incarcerated); Ashley v. Singletary, 706 So. 2d 1373 (Fla. 1st DCA 1998) (same); Green v. State, 698 So. 2d 575 (Fla. 5th DCA 1997) (same).…
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Alday v. Singletary, 719 So. 2d 1260 (Fla. 1st DCA 1998)…n should not have been in the Second Circuit, the trial court did not err in denying it. Accordingly, we affirm the trial court’s order without prejudice to Alday’s right to file an appropriate petition in the proper court. See Ashley v. Singletary, 706 So. 2d 1373 (Fla. 1st DCA 1998); Bush v. State, 545 So. 2d 506 (Fla. 1st DCA 1989). We also note that writs of audita querela have been abolished. See Fla. R. Civ. P. 1.540(b). AFFIRMED. ERVIN, MINER and KAHN, JJ., concur.…
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Miller v. Moore, 767 So. 2d 1263 (Fla. 1st DCA 2000)…PER CURIAM. The petition for writ of certiorari is denied without prejudice to petitioner’s right to file an appropriate petition in the proper court. See Alday v. Singletary, 719 So. 2d 1260 (Fla. 1st DCA 1998); Ashley v. Singletary, 706 So. 2d 1373 (Fla. 1st DCA 1998); Lewis v. Florida Parole Commission, 697 So. 2d 965 (Fla. 1st DCA 1997). PETITION DENIED. ERVIN, MINER and KAHN, JJ., concur.…
Authorities Cited
- Alachua Reg'l Juv. Detention Ctr. v. T.O., 684 So. 2d 814 (Fla. 1996)
- Lewis v. Fla. Parole Comm'n, 697 So. 2d 965 (Fla. 1st DCA 1997)
- Searcy v. Singletary, 590 So. 2d 1034 (Fla. 2d DCA 1991)
- Vallejo v. State, 545 So. 2d 506 (Fla. 5th DCA 1989)
- Dieter K. Pawlik v. Pawlik, 545 So. 2d 506 (Fla. 2d DCA 1989)