ROBERT GIBSON, APPELLANT,
v.
FLORIDA PAROLE COMMISSION, 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.
The court reversed the dismissal of Gibson's habeas corpus petition challenging a Florida Parole Commission order, holding that the trial court should have treated it as a mandamus petition and transferred it to Leon County rather than dismissing it outright.
A petition challenging a Florida Parole Commission decision must be brought as a petition for writ of mandamus in Leon County circuit court, and when mislabeled as habeas corpus, the trial court should transfer rather than dismiss.
[1] A petition challenging a Florida Parole Commission decision regarding parole release dates must be brought as a petition for writ of mandamus in the circuit court in Leon…
Previewing 1 of 1 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“The law governing review of the Commission's decisions is arcane and often confusing.”
The court explained why it chose to transfer rather than dismiss the mislabeled petition.
Gibson filed a petition for writ of habeas corpus challenging an order by the Florida Parole Commission that extended his presumptive parole release d…
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 Judicial Economy cases and more on FLexlaw
GRIFFIN, J.
Robert Gibson [“Gibson”] appeals an order dismissing his petition for writ of ha-beas corpus. The petition challenged an order issued by the Florida Parole Commission [“the Commission”], which extended Gibson’s presumptive parole release date by sixty months and refused to set an effective parole release date. The Commission correctly argues that the proper method of obtaining review of its decision is by means of a petition for writ of mandamus filed in the circuit court in and for Leon County, Florida. Griffith v. Florida Parole & Prob. Comm’n, 485 So. 2d 818, 820 (Fla.1986); Roth v. Crosby, 884 So. 2d 407 (Fla. 2d DCA 2004); Lewis v. Florida Parole Comm’n, 697 So. 2d 965 (Fla. 1st DCA 1997); Williams v. Florida Parole Comm’n, 625 So. 2d 926 (Fla. 1st DCA 1993); Pannier v. Wainwright, 423 So. 2d 533, 534 (Fla. 5th DCA 1982).
We reverse the order dismissing the petition because the trial court should have treated the petition as a petition for writ of mandamus and transferred the case to Leon County. See Perkins v. State, 766 So. 2d 1173 (Fla. 5th DCA 2000); Art. V, § 2(a), Fla. Const.; see also Hunt v. State, 798 So. 2d 788 (Fla. 4th DCA 2001). The law governing review of the Commission’s decisions is arcane and' often confusing. Here, the petition was mislabeled and filed in the wrong venue. Where the correct remedy and venue are apparent to the trial judge, it serves judicial economy to transfer the case rather than simply dismiss it.
REVERSED AND REMANDED.
SHARP, W. and PLEUS, JJ., concur.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
-
Cooper v. Fla. Parole Comm'n, 924 So. 2d 966 (Fla. 4th DCA 2006)…ding the appropriate vehicle for seeking relief when the circuit court did not decide the prisoner’s petition for 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).…
-
Spradley v. Parole Comm'n, 198 So. 3d 642 (Fla. 2d DCA 2015)…214-15 (holding transfer to proper venue rather than dismissal was preferred remedy where mandamus petition filed in improper venue); Vierra v. State, 980 So. 2d 588, 589 (Fla. 2d DCA 2008); Sullivan, 920 So. 2d at 107; Gibson v. Fla. Parole Comm’n, 895 So. 2d 1291 (Fla. 5th DCA 2005) (“Where the correct remedy and venue are apparent to the trial judge, it serves judicial economy to transfer the case rather than simply dismiss it.”). Therefore, we grant the petition for writ of certiorari. We approve the tria…
-
Rolls v. Fla. Parole Comm'n, 8 So. 3d 435 (Fla. 3d DCA 2009)…PER CURIAM. We reverse the order dismissing Alan Rolls’ petition for writ of habeas corpus. The trial court should have treated it as a petition for writ of mandamus, and transferred the case to Leon County. Gibson v. Fla. Parole Comm’n, 895 So. 2d 1291 (Fla. 5th DCA 2005). Reversed and remanded with instructions.…
Authorities Cited
- Griffith v. Fla. Parole & Prob. Comm'n, 485 So. 2d 818 (Fla. 1986)
- Williams v. Fla. Parole Comm'n, 625 So. 2d 926 (Fla. 1st DCA 1993)
- Lewis v. Fla. Parole Comm'n, 697 So. 2d 965 (Fla. 1st DCA 1997)
- Pannier v. Louie L. Wainwright, 423 So. 2d 533 (Fla. 5th DCA 1982)
- Fulton T. Perkins v. State, 766 So. 2d 1173 (Fla. 5th DCA 2000)
- Roth v. Crosby, 884 So. 2d 407 (Fla. 2d DCA 2004)
- Hunt v. State, 798 So. 2d 788 (Fla. 4th DCA 2001)