CARLOS LORENZO JACKSON, APPELLANT/PETITIONER,
v.
THE STATE OF FLORIDA, APPELLEE/RESPONDENT
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PER CURIAM.
The defendant’s petition for habeas corpus is denied as frivolous and an abuse of process. It is well established that successive motions which were or could have been raised on appeal or in prior postcon-viction proceedings are procedurally barred. See, e.g., Rivera v. State, 728 So. 2d 1165 (Fla.1998); Christopher v. State, 489 So. 2d 22 (Fla.1986); Francois v. State, 470 So. 2d 687 (Fla.1985); Duncan v. State, 728 So. 2d 1237 (Fla. 3d DCA 1999). Any further frivolous filings on the part of the petitioner will result in forfeiture of all or part of his gain time. § 944.28(2)(a), Fla. Stat. (1997); Duncan, 728 So. 2d at 1237 (“We caution defendant that ‘a prisoner who is found by a court to have brought a frivolous suit, action, claim, proceeding or appeal in any court is subject to having his or her gain time forfeited.’ ”); see also Green v. State, 743 So. 2d 178 (Fla. 5th DCA 1999).
Petition for habeas corpus denied.
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Fla. GAS Transmission Co. v. Lauderdale Sand & Fill, Inc., 813 So. 2d 1013 (Fla. 4th DCA 2002)…t’s offer of judgment, it is proper to include as setoffs amounts recovered by the plaintiff in settlements with other defendants when the suits against all of the defendants involve the same claims. See generally AmSouth Bank v. Fla. Dep’t of Ins., 774 So. 2d 747 (Fla. 1st DCA 2000). When a plaintiff has separate and distinct claims against more than one defendant, however, a setoff is inappropriate. See generally Safecare Health Corp. v. Rimer, 620 So. 2d 161 (Fla. 1993); Gordon v. Marvin M. Rosenberg, D.D.…
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Washington v. State, 933 So. 2d 577 (Fla. 5th DCA 2006)…cata for habeas corpus purposes. Mapp v. State, 224 So. 2d 431 (Fla. 1st DCA 1969). Attempting to raise this issue again is frivolous, successive and an abuse of process. See Jones v. State, 591 So. 2d 911, 913 (Fla.1991). See also Jackson v. State, 774 So. 2d 747 (Fla. 3d DCA 2000); Scott v. State, 656 So. 2d 204 (Fla. 5th DCA 1995). Third, if there is an adequate remedy available under Florida Rule of Criminal Procedure 3.850, a petition for a writ of habeas corpus is time barred if filed more than two yea…
Authorities Cited
- Tortoise Island Cmtys., Inc. v. The Moorings Ass'n, Inc., 489 So. 2d 22 (Fla. 1986)
- Rivera v. State, 728 So. 2d 1165 (Fla. 1998)
- Duncan v. State, 728 So. 2d 1237 (Fla. 3d DCA 1999)
- Francois v. State, 470 So. 2d 687 (Fla. 1985)
- Green v. State, 743 So. 2d 178 (Fla. 5th DCA 1999)
- Alphanso E. Harrison v. State, 743 So. 2d 178 (Fla. 3d DCA 1999)