WALTER MULFORD
v.
MARK S. INCH, SECRETARY, FLORIDA DEPARTMENT OF CORRECTIONS

Fla. 1st DCA | 2021-09-29
No. 20-0943
Ciklin, Hazouri, Warner
Florida District Court of Appeal, First District (2021)

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Synopsis

This case involves a pro se petitioner seeking a writ of certiorari, which the Florida District Court of Appeal, First District, denied on the merits. The court cited precedent establishing that a merits-based denial of an extraordinary writ petition bars future litigation of the same issue under res judicata or collateral estoppel.


Holding

The court denied the petition for writ of certiorari on the merits. This denial will bar Mulford from presenting the same issue again under the doctrines of res judicata or collateral estoppel.


Headnotes

[1] A denial of a petition for writ of certiorari decided on the merits bars the petitioner from later presenting the same issue under the doctrines of res judicata or collat…

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Key Quotes

“The Court denies the petition for writ of certiorari on the merits.”

This quote states the court's direct action on the petition.

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Facts & Procedural History

Walter Mulford, proceeding pro se, filed a petition for a writ of certiorari with the Florida District Court of Appeal, First District. The petition w…

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Opinion of the Court

FIRST DISTRICT COURT OF APPEAL

STATE OF FLORIDA _____________________________

No. 1D20-943 _____________________________

WALTER MULFORD,

Petitioner,

v. MARK S. INCH, Secretary, Florida Department of Corrections,

Respondent.

_____________________________

Petition for Writ of Certiorari—Original Jurisdiction.

September 29, 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”). RAY, JAY, and TANENBAUM, JJ., concur.

_____________________________ Not final until disposition of any timely and authorized motion under Fla. R. App. P. 9.330 or 9.331.

_____________________________

Walter Mulford, pro se, Petitioner. Lance Eric Neff, General Counsel, and Daniel R. Burke, Assistant General Counsel, Florida Department of Corrections, Tallahassee, for Respondent.


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