CURTIS D. COLLINS, PETITIONER,
v.
THE STATE OF FLORIDA, RESPONDENT
CURTIS D. COLLINS, PETITIONER,
THE STATE OF FLORIDA, RESPONDENT
777 So. 2d 436
Florida District Court of Appeal, Third District (2001)
Positive Treatment
Cited by 2 cases
Topics
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Opinion of the Court
PER CURIAM.
Petitioner, Curtis D. Collins, appeals the dismissal of his petition for Writ of Habeas Corpus and Mandamus. The dismissal was based on the fact that petitioner, who was incarcerated in Miami Dade County at the time he filed his petition, has been transferred to the Third Circuit. We agree with Magnus v. State, 738 So. 2d 446, 447 (Fla. 4th DCA 1999), which stated:
When it is apparent to a trial court that a petition for habeas corpus has been filed in the wrong court, it could save an unnecessary appeal which could substantially delay the release of a wrongfully incarcerated person, if the trial court would transfer the petition to the proper court.
Thus, we reverse and remand with directions immediately to transfer the petition to the Third Circuit, where the petitioner is currently located.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
-
Spencer v. Fla. Parole Comm'n, 874 So. 2d 718 (Fla. 1st DCA 2004)…detained. § 79.09, Fla. Stat. (2003); Gillard v. Florida Parole Comm’n, 784 So. 2d 1214 (Fla. 1st DCA 2001); Williams v. Florida Parole Comm’n, 760 So. 2d 959 (Fla. 1st DCA 2000); Clark v. State, 779 So. 2d 606 (Fla. 2d DCA 2001); Collins v. State, 777 So. 2d 436 (Fla. 3d DCA 2001); Magnus v. State, 738 So. 2d 446 (Fla. 4th DCA 1999). AFFIRMED. WEBSTER, VAN NORTWICK and POLSTON, JJ., concur.…
Authorities Cited
- Merrick Magnus v. State, 738 So. 2d 446 (Fla. 4th DCA 1999)