CALVIN BUSH, APPELLANT,
v.
FLORIDA PAROLE COMMISSION, APPELLEE
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MICKLE, Judge.
Appellant challenges the circuit court’s denial of his petition for writ of mandamus. The only viable claim set forth in his petition is his assertion that his basic and incentive gain time should not have been forfeited upon the revocation of his control release. However, the award and forfeiture of statutory gain time is a function of the Department of Corrections. See Harvey v. State, 616 So. 2d 521 (Fla. 2d DCA 1993); Curry v. Wainwright, 422 So. 2d 1029 (Fla. 1st DCA 1982). As such, appellant’s entitlement to relief, if any, must be obtained through administrative channels followed by, if necessary, the filing of a petition for writ of mandamus naming the Department of Corrections as the respondent. See Department of Corrections v. Mattress, 686 So. 2d 740 (Fla. 5th DCA 1997); Williams v. State, 673 So. 2d 873 (Fla. 1st DCA 1996). We therefore affirm without prejudice to appellant to seek relief through administrative proceedings.
AFFIRMED.
WEBSTER and LAWRENCE, JJ., concur.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
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Sheley v. Fla. Parole Comm'n, 703 So. 2d 1202 (Fla. 1st DCA 1997)…wable by appeal. See Williams v. Florida Parole Commission, 625 So. 2d 926 (Fla. 1st DCA), rev. denied, 637 So. 2d 236 (Fla.1994); see, e.g., Winchip v. Florida Parole Commission, 691 So. 2d 44 (Fla. 1st DCA 1997); Bush v. Florida Parole Commission, 694 So. 2d 872 (Fla. 1st DCA 1997). We continue to hold that a final order on a complaint for writ of mandamus is reviewable by appeal. However, we recede from our decisions to the extent that they hold that an inmate can obtain a second appeal in the district cou…
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Jordell Williams v. State, 801 So. 2d 183 (Fla. 1st DCA 2001)…ant’s entitlement to relief, if any, must be obtained through administrative channels followed by, if necessary, the filing of a petition for writ of mandamus naming the Department of Corrections as the respondent. See Bush v. Florida Parole Comm’n, 694 So. 2d 872 (Fla. 1st DCA 1997), receded from on other grounds by Sheley v. Florida Parole Comm’n, 703 So. 2d 1202 (Fla. 1st DCA 1997). AFFIRMED. KAHN, VAN NORTWICK and LEWIS, JJ„ CONCUR.…
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Dep't OF Corr. v. Gennaro Siciliano, Jr., 701 So. 2d 122 (Fla. 5th DCA 1997)…forfeited gain time is affirmed without prejudice to the appellee to seek the proper administrative remedy. See Department of Corrections, State of Florida, v. Mattress, 686 So. 2d 740 (Fla. 5th DCA 1997). See also Bush v. Florida Parole Commission, 694 So. 2d 872 (Fla. 1st DCA 1997). AFFIRMED. PETERSON, THOMPSON and ANTOON, JJ., concur.…
Authorities Cited
- Dep't of Corr. v. Mattress, 686 So. 2d 740 (Fla. 5th DCA 1997)
- Detrich Williams v. State, 673 So. 2d 873 (Fla. 1st DCA 1996)
- Curry v. Louie L. Wainwright, 422 So. 2d 1029 (Fla. 1st DCA 1982)
- Harvey v. State, 616 So. 2d 521 (Fla. 2d DCA 1993)