DREW C. HARTLEY, APPELLANT,
v.
WALTER A. MCNEIL, APPELLEE
DREW C. HARTLEY, APPELLANT,
WALTER A. MCNEIL, APPELLEE
52 So. 3d 690
Florida District Court of Appeal, Fourth District (2010)
Positive Treatment
Cited by 4 cases
Topics
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Opinion of the Court
On motion for rehearing, the director of the Department of Corrections (DOC) has brought our attention to Bush v. State, 945 So.2d 1207 (Fla.2006). Among other things, Bush held that:
“the proper venue for a prisoner’s challenge to a sentence-reducing credit determination by [DOC], where the prisoner has exhausted administrative remedies and is not alleging entitlement to immediate release, continues to be in circuit court in Leon County, where the Department is located.”
945 So.2d at 1213-14. It follows that our decision on the venue issue is error. We therefore grant the motion for rehearing, vacate our February 17, 2010, opinion, and affirm the decision of the trial court transferring this case to the Second Circuit, *691Leon County, where DOC has its headquarters.
Affirmed.
WARNER and LEVINE, JJ., concur.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
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Alonzie Wiggins v. State, 89 So. 3d 1054 (Fla. 3d DCA 2012)…t the Department of Corrections in the Circuit Court for the Eleventh Judicial Circuit in Miami-Dade County. Instead of transferring the matter to the Leon County circuit court as it should have done, see Bush, 945 So. 2d at 1214; Hartley v. McNeil, 52 So. 3d 690 (Fla. 4th DCA 2010), the trial court erroneously treated the mandamus petition as a “Pro Se Motion for Clarification of Sentence” filed against the State of Florida and thereafter entered an “Order Clarifying Judgment and Sentence.” We therefore g…
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Bass v. State, 103 So. 3d 933 (Fla. 4th DCA 2012)…. However, the proper venue for appellant’s challenge is by way of writ of mandamus in the circuit court in Leon County, where the DOC is located, after appellant has exhausted all available administrative remedies within DOC. See Hartley v. McNeil, 52 So. 3d 690, 691 (Fla. 4th DCA 2010), rev. denied 63 So. 3d 749 (Fla.2011) (citing Bush v. State, 945 So. 2d 1207, 1213-14 (Fla.2006)). Accordingly, as to that issue, we dismiss his appeal to this court without prejudice to pursue his remedies as described here…
Authorities Cited
- Corbblin Bush v. State, 945 So. 2d 1207 (Fla. 2006)