DONALD H. SULLIVAN, APPELLANT,
v.
FLORIDA PAROLE COMMISSION, APPELLEE
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The court held that the circuit court should have transferred the petition to the proper venue rather than dismissing it.
Donald H. Sullivan appealed the circuit court's dismissal of his petition for a writ of habeas corpus, which sought review of the Commission's decisio…
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VILLANTI, Judge.
Donald H. Sullivan appeals the circuit court order dismissing his petition for writ of habeas corpus. We reverse the order of dismissal and remand for further proceedings.
Sullivan sought review of the Commission’s decision to suspend his presumptive parole release date by filing a petition for writ of habeas corpus in the Polk County Circuit Court. The circuit court properly determined that the proper vehicle for Sullivan’s challenge was by a petition for a writ of mandamus directed against the Commission. See Sheley v. Fla. Parole Comm’n, 720 So. 2d 216, 217 (Fla.1998). The circuit court also properly determined that the mandamus petition must be filed in the Leon County Circuit Court, where the Commission is headquartered, unless the home venue privilege is waived by the Commission. See Lewis v. Fla. Parole Comm’n, 697 So. 2d 965, 965 (Fla. 1st DCA 1997). The circuit court then dismissed the petition without prejudice to Sullivan’s right to file a mandamus petition in the Leon County Circuit Court.
Rather than dismissing the petition, the circuit court should have transferred it to Leon County. See Griffith v. Crosby, 898 So. 2d 212, 213 (Fla. 2d DCA 2005). The question of where the Commission should be made to answer the petition is an issue of venue, not jurisdiction. “[T]he remedy for improper venue is a transfer to the proper venue, not dismissal.” McClain v. Crawford, 815 So. 2d 777, 778 (Fla. 2d DCA 2002).
Accordingly, we reverse the order dismissing the petition and remand with directions to the circuit court to transfer the proceeding to the Leon County Circuit Court.
STRINGER and KELLY, JJ., Concur.
Cases With Similar Vibessemantic neighbors from the corpus
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Harris v. State, 133 So. 3d 1169 (Fla. 3d DCA 2014)…the Parole Commission's determination of a petitioner's presumptive parole release date. The proper venue for such a claim is in the Leon County Circuit Court (Tallahassee), where the Commission is headquartered. See Sullivan v. Fla. Parole Comm’n, 920 So. 2d 106 (Fla. 2d DCA 2006). A second exception exists where a habeas corpus petition attacks the validity of his underlying conviction by raising issues relating to the trial or the plea; under such circumstances, the petition must be filed in the circuit w…
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Spradley v. Parole Comm'n, 198 So. 3d 642 (Fla. 2d DCA 2015)…er venue. However, Mr. Spradley has not made this claim. Accordingly, the default, and proper, venue is Leon County. Rather than dismissing the petition, the trial court should have transferred it to Leon County. See Sullivan v. Fla. Parole Comm'n, 920 So. 2d 106, 107 (Fla. 2d DCA 2006); McClain v. Crawford, 815 So. 2d 777, 778 (Fla. 2d DCA 2002) (“[T]he remedy for improper venue is a transfer to the proper venue, not dismissal.”). The Commission concedes as much. Conclusion The trial court departed from t…
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Currie v. State, 955 So. 2d 1200 (Fla. 1st DCA 2007)…720 So. 2d 216, 217 (Fla.1998); Lewis v. Florida Parole Commission, 697 So. 2d 965 (Fla. 1st DCA 1997), the proper remedy was to transfer the case to Leon County, rather than dismissing or denying the petition. See Sullivan v. Florida Parole Comm'n, 920 So. 2d 106, 106 (Fla. 2d DCA 2006); see also Bush v. State, 945 So. 2d 1207, 1214 (Fla.2006). Therefore, we reverse and remand with directions to the trial court to transfer the case to Leon County. Reversed and remanded with directions. DAVIS, PADOVANO, a…
Previewing 3 of 7 citing cases — full citator treatment, depth of discussion, and citing context are member features.
Join FLexlaw to unlock all legal intelligenceAuthorities Cited
- Sheley v. Fla. Parole Comm'n, 720 So. 2d 216 (Fla. 1998)
- Lewis v. Fla. Parole Comm'n, 697 So. 2d 965 (Fla. 1st DCA 1997)
- Burkes v. State, 815 So. 2d 777 (Fla. 2d DCA 2002)
- Griffith v. Crosby, 898 So. 2d 212 (Fla. 2d DCA 2005)