KEITH WROMAS, JR., PETITIONER,
v.
JULIE L. JONES, SECRETARY OF THE DEPARTMENT OF CORRECTIONS, ET AL., RESPONDENTS
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The court transferred a prisoner's mandamus petition challenging prison disciplinary action to Leon County Circuit Court because venue for challenges to Department of Corrections actions properly lies where the Department is headquartered.
Venue for mandamus petitions challenging Department of Corrections disciplinary actions lies in Leon County Circuit Court where the Department is headquartered, not in the county where the prison facility is located.
[1] Venue for mandamus petitions challenging Department of Corrections disciplinary actions lies in the circuit court of the county where the Department is headquartered, not…
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Join FLexlaw to unlock all legal intelligenceKeith Wromas, an inmate at Desoto Annex in Arcadia, Florida, sought a writ of mandamus to overturn a disciplinary report and related proceeding. The D…
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Keith Wromas, Jr. (“Wromas”) seeks a writ of mandamus from this Court compelling the Department of Corrections (the “Department”) to overturn a disciplinary report and related proceeding stemming from his incarceration at Desoto Annex in Arcadia, Florida. The Department moves this Court to transfer venue to Leon County Circuit Court or in the alternative to dismiss the action. Because Wromas’s petition challenges prison disciplinary action, venue properly lies in Leon County, where the Department of Corrections is headquartered. See McNeil v. Bailey, 50 So.3d 109 (Fla. 1st DCA 2010): McNeil v. Davis, 46 So.3d 1136 (Fla. 1st DCA 2010). Wromas’s request for relief, if any, must therefore be directed to the Second Judicial Circuit Court of Leon County.
Pursuant to Florida Rule of Appellate Procedure 9.040(b)(1), “[i]f a proceeding is commenced in an inappropriate court, that court shall transfer the cause to an appropriate court.” “The use of the word ‘Dshall’ under rule 9.040(b) demonstrates that transfer of an improperly filed cause is mandatory, not discretionary.” See Kaweblum v. Thornhill Estates Homeowners Ass’n, 755 So.2d 85, 87 (Fla.2000); see also Decker v. Univ. of W. Fla., 85 So.3d 571 (Fla. 1st DCA 2012). We therefore transfer Wromas’s petition for writ of mandamus to the Second Judicial Circuit Court of Leon County
Petition for writ of mandamus transferred.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
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Miratel Capitaine v. Dep't of Corr. (9th Cir. Ct. App. Div. 2019)
Authorities Cited
- Kaweblum v. Thornhill Ests. Homeowners Ass'n, Inc., 755 So. 2d 85 (Fla. 2000)
- Decker v. Univ. OF W. Fla., 85 So. 3d 571 (Fla. 1st DCA 2012)
- Carlton Lucius Goodson v. State, 85 So. 3d 571 (Fla. 1st DCA 2012)
- McNEIL v. Kern Davis, 46 So. 3d 1136 (Fla. 1st DCA 2010)
- McNEIL v. Bailey, 50 So. 3d 109 (Fla. 1st DCA 2010)
- Piper v. Dep't of Bus. & Prof'l, 50 So. 3d 109 (Fla. 1st DCA 2010)