GLADE CORRECTIONAL INSTITUTION, DIVISION OF RISK MANAGEMENT/STATE OF FLORIDA, APPELLANT/CROSS-APPELLEE,
v.
DAVID BROWNELL, APPELLEE/CROSS-APPELLANT
GLADE CORRECTIONAL INSTITUTION, DIVISION OF RISK MANAGEMENT/STATE OF FLORIDA, APPELLANT/CROSS-APPELLEE,
DAVID BROWNELL, APPELLEE/CROSS-APPELLANT
719 So. 2d 1260
Florida District Court of Appeal, First District (1998)
Positive Treatment
Cited by 17 cases
Opinion of the Court
PER CURIAM.
We affirm both as to the appeal and cross-appeal.
ERVIN, BOOTH and VAN NORTWICK, JJ., concur.
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Fulton T. Perkins v. State, 766 So. 2d 1173 (Fla. 5th DCA 2000)…te maintains that it would be pointless to remand this case for a determination on the merits, since Perkins has been transferred to Avon Park Correctional Institution, which is in Polk County, in the Tenth Judicial Circuit. See Alday v. Singletary, 719 So. 2d 1260 (Fla. 1st DCA 1998). It argues that Perkins’ incarceration in Polk County deprives the Lake County circuit court of jurisdiction to consider the petition and that a remand would essentially be “moot.”' The State’s argument is technically incorrect.…
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Stanley v. Moore, 744 So. 2d 1160 (Fla. 1st DCA 1999)…ion, on grounds that appellant should have filed the petition in the Tenth Judicial Circuit where he is incarcerated, rather than the Second Judicial Circuit where the petition was actually filed, see § 79.09, Fla. Stat. (1997); Alday v. Singletary, 719 So. 2d 1260 (Fla. 1st DCA 1998), we conclude that, in the interests of expediency, this case should be remanded to the circuit court for immediate transfer to the appropriate court. See Lewis v. Florida Parole Comm’n, 697 So. 2d 965, 966 (Fla. 1st DCA 1997)(rev…
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