SCOTT N. ERRICO, APPELLANT,
v.
MICHAEL J. SATZ AS STATE ATTORNEY, 17TH JUDICIAL CIRCUIT, APPELLEE
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The court affirmed the denial of a mandamus petition filed by a convicted criminal seeking public records from the State Attorney regarding another criminal case. The court found the petition was barred by res judicata because the same claims had already been adjudicated in the appellant's own postconviction proceedings.
The court affirmed the denial of the mandamus petition, holding that the proceeding was barred by res judicata because the identical claims had already been adjudicated on the merits in the appellant's postconviction proceedings. The denial of the motion to compel production in that proceeding could still be raised on appeal from a final order in the postconviction case.
[1] A petition for writ of mandamus may be affirmed on grounds different from those relied upon by the trial court.
[2] A request for public records in postconviction proceedings is permissible.
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Join FLexlaw to unlock all legal intelligence“issues denied on the merits in collateral proceedings are res judicata in further proceedings”
Establishes the res judicata bar preventing relitigation of issues already decided in postconviction proceedings
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Join FLexlaw to unlock all legal intelligenceAppellant Errico, a convicted criminal, filed a petition for writ of mandamus seeking compliance with a public records request directed at the Broward…
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We affirm the denial of appellant’s petition for writ of mandamus through which he sought compliance by the Broward State Attorney with his public records request, although we do so on a different basis than the trial court ruled. Appellant, a convicted criminal, is requesting records of another criminal case prosecuted by the Broward State Attorney, not records in his own case. The state had responded to the request by stating that it had made an inspection of its records, and it had supplied statements pertaining to some of his requests. As to others, the state reported that it could not locate any statements identified in appellant’s request.
In its response to the petition and on appeal, the state points out that the appellant made an identical demand in a pending motion for postconviction relief from his own case, which was denied. A request for public records in postconviction proceedings is allowable. See Mendyk v. State, 592 So.2d 1076, 1081 (Fla.1992), overruled on other grounds by Hoffman v. State, 613 So.2d 405 (Fla.1992). The state provided many of the documents requested, and the trial court denied appellant’s motion to compel the production of other documents. Thus, the same claims made in the petition for writ of mandamus were already adjudicated on the merits in his postconviction proceedings. This proceeding is duplicative of that proceeding, and it is barred by res judicata. See, e.g., Washington v. State, 933 So.2d 577, 579 (Fla. 5th DCA 2006) (issues denied on the merits in collateral proceedings are res judica-ta in further proceedings). The appellant sought review of that order in this case by *991way of a petition for writ of certiorari. The petition was dismissed on the authority of Bared & Co., Inc. v. McGuire, 670 So.2d 153 (Fla. 4th DCA 1996), as the court determined that petitioner had not shown irreparable harm not remediable on appeal from a final order. Enrico v. State, No. 4D10-5219 (Fla. 4th DCA Mar. 21, 2011). Therefore, the denial of the motion to compel production may still be raised on appeal from a final order in the postconviction proceeding.
Affirmed.
WARNER, POLEN and DAMOORGIAN, JJ., concur.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Authorities Cited
- The Bared & Co., Inc. v. McGUIRE, 670 So. 2d 153 (Fla. 4th DCA 1996)
- State v. Cerrito, 592 So. 2d 1076 (Fla. 1991)
- Hoffman v. State, 613 So. 2d 405 (Fla. 1992)
- Franklin v. State, 933 So. 2d 577 (Fla. 1st DCA 2006)