BOARD OF COUNTY COMMISSIONERS OF HILLSBOROUGH COUNTY, APPELLANT,
v.
J. TERRY DEASON, E. LEON JACOBS, JR., LILA A. JABER, SUSAN F. CLARK AND JOE GARCIA, FLORIDA PUBLIC SERVICE COMMISSION, APPELLEES
BOARD OF COUNTY COMMISSIONERS OF HILLSBOROUGH COUNTY, APPELLANT,
J. TERRY DEASON, E. LEON JACOBS, JR., LILA A. JABER, SUSAN F. CLARK AND JOE GARCIA, FLORIDA PUBLIC SERVICE COMMISSION, APPELLEES
770 So. 2d 242
Florida District Court of Appeal, First District (2000)
Caution
Cited by 48 cases
Opinion of the Court
PER CURIAM.
This appeal is dismissed without prejudice to appellant’s right to timely pursue review after final agency action. Charter Medical-Jacksonville, Inc. v. Community Psychiatric Centers of Florida, Inc., 482 So. 2d 437 (Fla. 1st DCA 1985). The alternative request for certiorari review is denied.
ERVIN, MINER and KAHN, JJ., concur.
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Rhea v. The Dist. Bd. OF Trs. OF Santa FE Coll., 109 So. 3d 851 (Fla. 1st DCA 2013)…damus, Rhea must establish that “he has a clear legal right to the performance of a clear legal duty by a public officer and that he has no other legal remedies available to him.” Hatten v. State, 561 So. 2d 562, 563 (Fla.1990); see Plymel v. Moore, 770 So. 2d 242, 246 (Fla. 1st DCA 2000). Mandamus has been described as “a remedy to command performance of a ministerial act that the person deprived has a right to demand, or a remedy where public officials or agencies may be coerced to perform ministerial dutie…
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Nickolas J. White v. Moore, 789 So. 2d 1118 (Fla. 1st DCA 2001)…1974), the Supreme Court held that inmates facing disciplinary charges must be afforded certain minimal safeguards.”). By denying relief, the circuit court condoned the denial of due process. Certiorari is therefore appropriate. See Plymel v. Moore, 770 So. 2d 242, 249 (Fla. 1st DCA 2000) (holding that a denial of due process warrants mandamus relief). Accordingly, we grant the petition for certiorari, quash the order of the circuit court, and remand with instructions to issue the writ of mandamus. BARFIELD…
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Robert E. Banks v. Jones, 197 So. 3d 1152 (Fla. 1st DCA 2016)…review of any assignment to close management for any duration because this court has long held that a prisoner must have a liberty interest in order to bring a petition for writ of mandamus challenging the Department’s actions. In Plymel v. Moore, 770 So. 2d 242, 249 (Fla. 1st DCA 2000), this court held that a prisoner was entitled to mandamus relief to require the Department to follow its own rules and provide limited due process predicated on the substantive liberty interest implicated by the prisoner’s l…1 / 3
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- Charter Medical-Jacksonville, Inc. v. Cmty. Psychiatric Ctrs. OF Fla., Inc., 482 So. 2d 437 (Fla. 1st DCA 1985)