PHILLIP COOK
v.
STATE OF FLORIDA
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A denial of a certiorari petition on the merits that shows the issue was considered by the lower court bars the petitioner from presenting the same issue in future litigation under res judicata and collateral estoppel.
[1] A decision denying an extraordinary writ petition that demonstrates the issue was considered by the lower court on the merits operates as a final judgment barring relitig…
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Join FLexlaw to unlock all legal intelligence“a decision on an extraordinary writ petition that 'clearly shows that the issue was considered by the court on the merits' is deemed a decision 'which would later bar the litigant from presenting the issue under the doctrines of res judicata or collateral estoppel'”
The court cited Topps v. State to explain the effect of its denial on the merits.
Phillip Cook filed a pro se petition for writ of certiorari against the State of Florida and the Commission on Offender Review.…
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September 22, 2021 PER CURIAM.
The Court denies the petition for writ of certiorari on the merits. See Topps v. State, 865 So. 2d 1253, 1258 (Fla. 2004) (explaining that a decision on an extraordinary writ petition that “clearly shows that the issue was considered by the court on the merits” is deemed a decision “which would later bar the litigant from presenting the issue under the doctrines of res judicata or collateral estoppel”). LEWIS, MAKAR, and BILBREY, JJ., concur. _____________________________ Not final until disposition of any timely and authorized motion under Fla. R. App. P. 9.330 or 9.331.
_____________________________ Phillip Cook, pro se, Petitioner. Ashley Moody, Attorney General, Tallahassee; Rana Wallace, General Counsel, and Mark Hiers, Assistant General Counsel, Florida Commission on Offender Review, Tallahassee, for Respondent.