JIMMY STEPHENS
v.
FLORIDA DEPARTMENT OF CORRECTIONS
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.
A denial of a certiorari petition that shows the court considered the issue on the merits bars the petitioner from raising the same issue again under res judicata or collateral estoppel doctrines.
[1] A denial of a petition for writ of certiorari that clearly demonstrates the court considered the issue on the merits operates as a final decision barring relitigation of…
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“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'”
Court explaining the effect of denying a certiorari petition on the merits, citing Topps v. State
Jimmy Stephens, proceeding pro se, filed a petition for a writ of certiorari against the Florida Department of Corrections.…
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 Writ Of Certiorari cases and more on FLexlaw
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.
_____________________________ Jimmy Stephens, pro se, Petitioner. Ashley Moody, Attorney General, and Kristen J. Lonergan, Assistant Attorney General, Tallahassee, for Respondent.