CHARLES LEON DORSEY, APPELLANT,
v.
STATE OF FLORIDA AND MICHAEL W. MOORE, AS SECRETARY OF THE DEPARTMENT OF CORRECTIONS, APPELLEES
PER CURIAM.
We treat this as a petition for writ of certiorari, see Doss v. Florida Department of Corrections, 730 So. 2d 316 (Fla. 4th DCA 1999), seeking review of the circuit court’s denial of appellanVpetitioner’s petition for writ of mandamus. We deny the petition, finding no denial of due process and no departure from the essential requirements of the law in the circuit court’s determination that the mandamus petition was untimely. See F.a. R.App. P. 9.100(c). This denial is without prejudice to petitioner asking the Secretary of the Department of Corrections to vacate and re-issue the challenged decision from which petitioner may then timely appeal. See Etienne v. Simco Recycling Corp., 721 So. 2d 399 (Fla. 3d DCA 1998).
STEVENSON, GROSS and TAYLOR, JJ., concur.
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McDOWELL v. State, 789 So. 2d 956 (Fla. 2001)…LEWIS, J. We have for review McDowell v. State, 764 So. 2d 619 (Fla. 4th DCA 2000). We have jurisdiction. See art. V, § 3(b)(4), Fla. Const. The petitioner challenges his sentence under the Prison Releasee Reoffender Act (the “Act”) on several grounds, many of which have been previously addressed by opinions o…
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Gundlah v. Moore, 831 So. 2d 780 (Fla. 4th DCA 2002)…side the original order and requesting that a new appealable order be entered. See Etienne v. Simco Recycling Corp., 721 So. 2d 399 (Fla. 3d DCA 1998); see also Ney v. Unemployment Appeals Comm’n, 778 So. 2d 509 (Fla. 4th DCA 2001); Dorsey v. State, 764 So. 2d 619 (Fla. 4th DCA 2000); Dep’t of Corr. v. Saulter, 742 So. 2d 368 (Fla. 1st DCA 1999). If the lower tribunal acts favorably upon such application, the appellant may timely appeal the re-entered order and thereby challenge the merits of the original adv…
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Authorities Cited
- Doss v. Fla. Dep't OF Corr., 730 So. 2d 316 (Fla. 4th DCA 1999)
- Gaston v. State, 721 So. 2d 399 (Fla. 2d DCA 1998)
- Evelyne Etienne v. Simco Recycling Corp., 721 So. 2d 399 (Fla. 3d DCA 1998)