MICHAEL KENDRICK, PETITIONER,
v.
FLORIDA PAROLE COMMISSION, RESPONDENT
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[*249] PER CURIAM.
We determine that the circuit court departed from the essential requirements of law when it denied Kendrick’s petition for writ of mandamus without issuing an order to show cause. It appears that the sworn allegations concerning the absence of a subpoenaed witness at the Conditional Release revocation hearing were sufficient to state a preliminary basis for relief such that an order to show cause should have issued. See Department of Highway Safety and Motor Vehicles v. Snell, 832 So. 2d 177 (Fla. 5th DCA 2002); Evergreen Tree Treasurers of Charlotte County, Inc. v. Charlotte County Bd. of County Comm’rs, 810 So. 2d 526 (Fla. 2d DCA 2002); see also Rightler v. Pompano Beach Police and Fireman’s Pension Fund, 467 So. 2d 461 (Fla. 4th DCA 1985). Accordingly, the circuit court’s order which denied the petition for writ of mandamus is quashed and the cause is remanded for further proceedings. We further direct the circuit court to expedite its proceedings.
PETITION GRANTED.
KAHN, WEBSTER and POLSTON, JJ., concur.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
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Duckworth v. Dep't OF Corr. & Fla. Parole Comm'n, 867 So. 2d 550 (Fla. 1st DCA 2004)…751 (Fla. 1st DCA 1992) (inmate alleging denial of right to call witnesses in disciplinary hearing should identify the requested witnesses and provide a brief statement of what their testimony would have been); Kendrick v. Florida Parole Commission, 855 So. 2d 248 (Fla. 1st DCA 2003) (sworn allegations concerning absence of subpoenaed witness at conditional release revocation hearing sufficient to warrant order to show cause). Accordingly, the order of the circuit court summarily denying the petition is hereb…
Authorities Cited
- Evergreen the Tree Treasurers OF Charlotte Cnty., Inc. v. Charlotte Cnty. Bd. OF Cnty. Comm'rs, 810 So. 2d 526 (Fla. 2d DCA 2002)
- Rightler v. Pompano Beach Police & Fireman's Pension Fund, 467 So. 2d 461 (Fla. 4th DCA 1985)
- Dep't OF Hwy. Safety & Motor Vehicles v. Snell, 832 So. 2d 177 (Fla. 5th DCA 2002)