WILLIE L. PRIESTER, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
WILLIE L. PRIESTER, APPELLANT,
STATE OF FLORIDA, APPELLEE
955 So. 2d 644
Florida District Court of Appeal, Fourth District (2007)
Positive Treatment
Cited by 2 cases
Opinion of the Court
PER CURIAM.
The order denying Appellant’s emergency motions for reclarification of sentence is affirmed, without prejudice to his right to exhaust all administrative remedies with the Department of Corrections. If the department fails to implement the earlier orders clarifying and amending his sentences, he may then seek mandamus relief against the Department of Corrections in the circuit court. See Davis v. State, 943 So. 2d 975 (Fla. 5th DCA 2006); Smith v. State, 785 So. 2d 1237 (Fla. 4th DCA 2001).
STONE, FARMER and KLEIN, JJ., concur.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
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Whited v. Fla. Comm'n on Offender Review, 296 So. 3d 557 (Fla. 2d DCA 2020)…ersible error occurs when a circuit court sua sponte transfers venue without providing the plaintiff with notice and an opportunity to be heard on the venue issue. See Kunselman v. Scott, 162 So. 3d 243, 243 (Fla. 1st DCA 2015); Smith v. McDonough, 955 So. 2d 644, 645 (Fla. 4th DCA 2007). Yet the issue of due process must be sufficiently raised on appeal in order for this court to grant relief on that basis. A party's failure to fully brief and argue the issue of due process results in a waiver of that iss…
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Drew C. Hartley v. McNEIL, 36 So. 3d 696 (Fla. 4th DCA 2010)…on for mandamus in the circuit where the prison is located. See Smiley v. State, 948 So. 2d 964 (Fla. 5th DCA 2007) (mandamus is the accepted remedy for circuit court review of Department of Corrections disciplinary actions). In Smith v. McDonough, 955 So. 2d 644 (Fla. 4th DCA 2007), involving the same kind of proceeding, we reversed the identical judicial action sending the case to Leon County without prior notice or hearing. We required the trial court to hold a hearing as to whether the “sword-wielder” ve…
Authorities Cited
- Smith v. State, 785 So. 2d 1237 (Fla. 4th DCA 2001)
- Davis v. State, 943 So. 2d 975 (Fla. 5th DCA 2006)