ERIC GREEN, APPELLANT,
v.
MICHAEL W. MOORE, SECRETARY, FLORIDA DEPARTMENT OF CORRECTIONS, APPELLEE
AI-generated. These summaries, headnotes, and key points are machine-generated and may contain errors or omissions. Always verify against the full opinion text below. Not legal advice.
Eric Green challenged a Florida Department of Corrections disciplinary sanction through mandamus proceedings, which the circuit court dismissed as untimely after converting it to certiorari. The appellate court reversed, holding that appeal rather than certiorari was the proper remedy and remanding for further proceedings on the merits.
An appeal, rather than certiorari, is the proper method to review a circuit court's decision regarding a prisoner disciplinary matter when the circuit court's proceeding is concluded on grounds other than the merits. The case should be reversed and remanded for further proceedings rather than relinquished.
[1] A petition for writ of mandamus is the correct remedy to challenge a disciplinary sanction imposed by the Florida Department of Corrections.
[2] Both mandamus and certiorari petitions are subject to a 30-day jurisdictional time limit.
Previewing 2 of 5 headnotes on this case. FLexlaw’s editorially structured points of law — every proposition, pinpointed — are reserved for members.
Join FLexlaw to unlock all legal intelligence“Green's selection of mandamus as his circuit court remedy was correct.”
Establishes that the circuit court erred in converting the mandamus petition to certiorari
Previewing 1 of 3 key quotes on this case — the court’s exact language, pinpointed for members.
Join FLexlaw to unlock all legal intelligenceThe Florida Department of Corrections imposed a disciplinary sanction against Eric Green. Green exhausted his administrative grievances and filed a pe…
The full statement of facts, procedural history, and disposition for this case are member content.
Join FLexlaw to unlock all legal intelligence© FLexlaw, Inc. — AI-generated enrichments are proprietary. All rights reserved.
Explore caselaw by topic → Browse Jurisdictional Time Limits cases and more on FLexlaw
PER CURIAM.
The Florida Department of Corrections imposed a disciplinary sanction against Eric Green. After exhausting his administrative grievances he filed a petition for writ of mandamus in the Circuit Court for Bradford County. The circuit court treated the mandamus petition as a petition for a writ of certiorari and denied it as untimely. Green timely petitioned this court for a writ of certiorari to review the circuit court’s order. The department moves to relinquish jurisdiction, noting that the circuit court petition was apparently filed within 30 days of denial of Green’s last administrative grievance.
As an initial matter, we note that Green’s selection of mandamus as his circuit court remedy was correct. See Williams v. James, 684 So. 2d 868 (Fla. 2d DCA 1996). The conversion of the petition from mandamus to certiorari was therefore unnecessary. This error had no bearing on these proceedings, however, as both remedies are subject to a 30 day jurisdictional time limit. See Fla.R.App.P. 9.100(c)(1) and Fla.R.Civ.P. 1.630(c) (certiorari); § 95.11(8), Fla. Stat. (2000) (actions challenging prisoner disciplinary proceedings).
Second, we hold that an appeal, rather than certiorari, is the proper method to review the circuit court’s decision in this circumstance. In Sheley v. Florida Parole Commission, 703 So. 2d 1202 (Fla. 1st DCA 1997), approved, 720 So. 2d 216 (Fla.1998), it was determined that review of a circuit court order regarding a prisoner disciplinary matter was properly by certiorari in the district court because the petitioner had already been afforded a review of the department’s decision on the merits in circuit court. Where, as here, however, the circuit court proceeding is concluded on grounds other than the merits, the order may be appealed. We therefore sua sponte treat this proceeding as an appeal from the circuit court’s order. Fla. R.App.P. 9.040(c).
Finally, we find that a disposition more appropriate than relinquishment of jurisdiction is to reverse and remand the case to the circuit court for further proceedings. Cf. Wrisper v. Florida Department of Corrections, 765 So. 2d 295 (Fla. 1st DCA 2000) (reversing where appellee moved to relinquish jurisdiction because the statute on which the circuit court relied to dispose of case had been declared unconstitutional).
REVERSED.
LAWRENCE, DAVIS and VAN NORTWICK, JJ., concur.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By (20 total)
-
Burgess v. Crosby, 870 So. 2d 217 (Fla. 1st DCA 2004)…PER CURIAM. Appellant seeks review of an order of the circuit court which dismissed a complaint for mandamus filed pursuant to Florida Rule of Civil Procedure 1.630. We review this order by appeal. Green v. Moore, 777 So. 2d 425 (Fla. 1st DCA 2000) (holding that an appeal, rather than certio-rari, is the proper method to review the circuit court’s denial of an inmate’s petition for writ of mandamus where the proceeding is concluded on grounds other than the merits). We reve…
-
Cooper v. Fla. Parole Comm'n, 924 So. 2d 966 (Fla. 4th DCA 2006)…review of administrative action on the merits, we have reverted to treating this matter as an appeal. See Gibson v. Fla. Parole Comm’n, 895 So. 2d 1291 (Fla. 5th DCA 2005); Roth v. Crosby, 884 So. 2d 407, 408 n. 2 (Fla. 2d DCA 2004); Green v. Moore, 777 So. 2d 425, 426 (Fla. 1st DCA 2000).…
-
Terry v. McDONOUGH, 935 So. 2d 81 (Fla. 1st DCA 2006)…court dismissed the petitioner’s petition for writ of mandamus because the issue was moot, review of an indigency order in the case was properly obtained by appealing the order dismissing the petitioner’s mandamus petition); see also Green v. Moore, 777 So. 2d 425, 426 (Fla. 1st DCA 2000) (explaining that "review of a circuit court order regarding a prisoner disciplinary matter [i]s properly by certiorari;” however, when "the circuit court proceeding is concluded on grounds other than the merits,” "the proper…
Previewing 3 of 20 citing cases — full citator treatment, depth of discussion, and citing context are member features.
Join FLexlaw to unlock all legal intelligenceAuthorities Cited
- Sheley v. Fla. Parole Comm'n, 720 So. 2d 216 (Fla. 1998)
- Sheley v. Fla. Parole Comm'n, 703 So. 2d 1202 (Fla. 1st DCA 1997)
- Williams v. James, 684 So. 2d 868 (Fla. 2d DCA 1996)
- Porter v. State, 765 So. 2d 295 (Fla. 1st DCA 2000)
- Nebuchadnezzar Wrisper v. Fla. Dep't OF Corr., 765 So. 2d 295 (Fla. 1st DCA 2000)