ROBERT HOLVECK, PETITIONER,
v.
STATE OF FLORIDA, RESPONDENT
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The court held that a pro se petition, treated as a petition for writ of mandamus, should be denied for lack of jurisdiction and failure to establish a violated legal right.
[1] A petition for writ of mandamus is an extraordinary remedy to enforce a legal right by compelling a public officer or agency to perform a duty required by law.
[2] Before seeking a writ of mandamus to enforce a right to legal papers, a petitioner must first seek administrative relief for grievances related to the papers.
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Join FLexlaw to unlock all legal intelligenceHolveck, a prisoner, alleged his legal papers were seized and threatened to be seized, impeding his ability to prepare a habeas corpus petition. He so…
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Holveck filed a pro se Petition for an Injunction, alleging that his legal papers are in danger of being seized and that their prior seizure has impeded his preparation of a Petition for Writ of Habeas Corpus. We elect to treat this pleading as a Petition for Writ of Mandamus, and we deny it because of lack of jurisdiction.
The substance of Holveck’s pleading sets forth the fact that he is currently being held at the Chattahoochee Mental Health Institution. He asserts that at present he has all of his legal papers, but the institution is threatening to seize them if he does not take his medication. The petition also alleges that the Department of Corrections has at various times and at various locations improperly taken his legal papers, thereby hindering his preparation of a Petition for Writ of Habeas Corpus. Attachments indicate Holveck has sought redress in the various institutions in which he has been held.
Mandamus is a common law remedy used to enforce an established legal right by compelling a public officer or agency to perform a duty required by law. To enforce his right to access his legal papers, Holveck must first address his grievances by seeking administrative relief, which he may have done in this case. If relief is not obtained, he must then file a Petition for Writ of Mandamus in the circuit court which has jurisdiction over the institution in which he is being held. See, e.g., Killings v. State, 567 So. 2d 60 (Fla. 4th DCA 1990); Graham v. Vann, 394 So. 2d 180 (Fla. 1st DCA 1981). The district court of appeal having jurisdiction over the circuit court would then have appellate jurisdiction to review the ruling of the circuit court.
Further, in this case, Holveck has failed to establish that his right to his legal papers has been violated by the Department of Corrections or by the institution in which he is currently held. At present, he acknowledges he has all of his legal papers. A threat to seize the papers in the future is not sufficient.
Petition for Writ of Mandamus DENIED.
GRIFFIN, C.J., and DAUKSCH, J., concur.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
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Widel v. Venz, 792 So. 2d 1246 (Fla. 5th DCA 2001)…e DCF is critical, If relief is not obtained in the administrative setting, he or she may then file a Petition for Writ of'Mandamus in the circuit court which has jurisdiction over the institution in which he or she is being held. Holveck v. State, 730 So. 2d 407, 408 (Fla. 5th DCA 1999); Killings v. State, 567 So. 2d 60 (Fla. 4th DCA 1990). The district court of appeal having jurisdiction over the circuit court would then have appellate jurisdiction to review the ruling of that court. In this case, that app…
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Widel v. Venz, 805 So. 2d 1080 (Fla. 5th DCA 2002)…critical. If relief is not obtained in the administrative setting, he or she may then file a Petition for Writ of Mandamus in the cir [*1082] cuit court which has jurisdiction over the institution in which he or she is being held. Holveck v. State, 730 So. 2d 407, 408 (Fla. 5th DCA 1999); Killings v. State, 567 So. 2d 60 (Fla. 4th DCA 1990). The district court of appeal having jurisdiction over the circuit court would then have appellate jurisdiction to review the ruling of that court. In this case, that app…
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Weber v. Dep't of Hwy. Safety & Motor Vehicles, 845 So. 2d 300 (Fla. 5th DCA 2003)…iling to rescind Appellant’s revocation or otherwise revokes Appellant’s license without lawful purpose, Appellant may avail himself of the appropriate remedy at that time. See Lickman v. State, 810 So. 2d 1016 (Fla. 4th DCA 2002); Holveck v. State, 730 So. 2d 407 (Fla. 5th DCA 1999); Fla. R.App. P. 9.030(c)(3). ORDER DENYING RELIEF AFFIRMED. SAWAYA, PLEUS and TORPY, JJ., concur.…
Authorities Cited
- Forney v. State, 567 So. 2d 60 (Fla. 4th DCA 1990)
- Killings v. State, 567 So. 2d 60 (Fla. 4th DCA 1990)
- Graham v. Vann, 394 So. 2d 180 (Fla. 1st DCA 1981)