ARTHUR A. GENOVESE, PETITIONER,
v.
KENNETH S. TUCKER, SECRETARY, FLORIDA DEPARTMENT OF CORRECTIONS, RESPONDENT

Fla. 1st DCA | 2012-12-19
No. 1D12-3569
PADOVANO, MARSTILLER, and SWANSON, JJ., concur.
103 So. 3d 255 Florida District Court of Appeal, First District (2012) Positive Treatment
Cited by 1 case
Opinion of the Court
PER CURIAM.

PER CURIAM.

As the petitioner’s county of incarceration was Bradford and not Union county, the lower tribunal lacked territorial jurisdiction over the petitioner’s habeas corpus petition. See Johnson v. Fla. Parole Comm’n, 841 So.2d 615 (Fla. 1st DCA 2003). The petition for writ of certiorari is thus GRANTED. The lower tribunal’s order of July 12, 2012, is hereby QUASHED, and this matter is REMANDED to the lower tribunal.

PADOVANO, MARSTILLER, and SWANSON, JJ., concur.

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  • Owens v. Dep't of Corr. (Fla. 3d DCA 2019)
    …rly and commendably concedes, at the time the lower tribunal rendered its ruling, Owens was no longer housed in Miami-Dade County. Hence, the Circuit Court of Miami-Dade County “lacked territorial jurisdiction over” this action. Genovese v. Tucker, 103 So. 3d 255 (Fla. 1st DCA 2012). Accordingly, we reverse the order below, and remand with instructions to immediately transfer the action to the circuit court that has jurisdiction over the correctional facility in which Owens is currently incarcerated. Fla.…

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