JOSEPH EDWARD ROWE, PETITIONER,
v.
STATE OF FLORIDA, RESPONDENT

Fla. 1st DCA | 2000-05-15
No. 1D99-1902
MINER, BENTON and BROWNING, JJ., concur.
765 So. 2d 94 Florida District Court of Appeal, First District (2000) Positive Treatment
Cited by 4 cases


Opinion of the Court
PER CURIAM.

PER CURIAM.

Joseph Edward Rowe filed a petition for writ of habeas corpus, challenging the adequacy of certain gain-time awards. The circuit court summarily denied relief, finding that Rowe had failed to demonstrate the exhaustion of administrative remedies, failed to allege a right to immediate release, and failed to show that a motion for postconviction relief would not provide an adequate remedy. We conclude, however, that Rowe’s allegations were sufficient to make a prima facie showing of exhaustion, and that although he incorrectly denominated his petition as seeking habeas corpus relief, the circuit court should have treated it as seeking relief by writ of mandamus. See Ashley v. Moore, 746 So. 2d 584 (Fla. 1st DCA 1999); Woullard v. Bishop, 734 So. 2d 1151 (Fla. 1st DCA 1999). Finally, inasmuch as Rowe did not challenge his criminal conviction and sentence, a motion for postconviction relief would not provide an adequate remedy in this instance.

Accordingly, the order summarily denying Rowe’s petition is hereby quashed, and the matter is remanded to the circuit court for further proceedings.

MINER, BENTON and BROWNING, JJ., concur.


Cases With Similar Vibessemantic neighbors from the corpus


Citator

Cited By

  • Barrera v. Fla. Parole Comm'n, 987 So. 2d 810 (Fla. 1st DCA 2008)
    …2d 1271 (Fla. 1st DCA 2007), and therefore he was entitled to be reinstated to conditional release. We conclude that the circuit court should have treated the petition for writ of mandamus as a petition for writ of habeas corpus, see Rowe v. State, 765 So. 2d 94 (Fla. 1st DCA 2000), and thus it was erroneous to deny the petition as time-barred. Martin v. Fla. Parole Comm’n, 951 So. 2d 84 (Fla. 1st DCA 2007). REVERSED and REMANDED for further proceedings. WEBSTER, VAN NORTWICK, and THOMAS, JJ., concur.…
  • Rowe v. State, 777 So. 2d 1010 (Fla. 1st DCA 2000)
    …s a petition for writ of certiorari. On May 15, 2000, we granted the petition for writ of certiorari, and remanded with directions that the circuit court treat the petition for writ of habeas corpus as a petition for writ of mandamus. Rowe v. State, 765 So. 2d 94 (Fla. 1st DCA 2000). Our mandate issued on May 31, 2000. On September 18, 2000, Mr. Rowe filed the present motion to enforce mandate, alleging that the trial court had taken no action on his petition. We issued an order directing the State to show…

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