REGINAL M. HARDY
v.
STATE OF FLORIDA

Fla. 5th DCA | 2025-07-15
No. 2024-3321
Speicher, J., Jay, C.J., Makar, J., Lambert, J.
2025 FL 5912 Florida District Court of Appeal, Fifth District (2025)

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Holding

A petition for writ of mandamus may be denied without prejudice when the petitioner has not exhausted available administrative remedies.


Headnotes

[1] A petition for writ of mandamus may be denied without prejudice when the petitioner has not exhausted available administrative remedies, preserving the right to seek reli…

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Key Quotes

“affirming the denial of appellant's petition for writ of mandamus 'without prejudice to him exhausting his administrative remedies . . . and then seeking further relief in the appropriate circuit court if necessary'”

The court cited Finrock v. Fla. Civ. Commitment Ctr., 34 So. 3d 777, 778−79 (Fla. 2d DCA 2010) as the basis for its decision.

Facts & Procedural History

Reginal M. Hardy appealed a circuit court decision denying his petition for writ of mandamus in a case arising from Brevard County.…

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Opinion of the Court
Jay

FIFTH DISTRICT COURT OF APPEAL

STATE OF FLORIDA

_____________________________ Case No. 5D2024-3321 LT Case No. 2012-CF-040227-A _____________________________ REGINAL M. HARDY, Appellant, v. STATE OF FLORIDA, Appellee. _____________________________ 3.800 Appeal from the Circuit Court for Brevard County. Kathryn Michele Speicher, Judge. Reginal M. Hardy, Cocoa, pro se. James Uthmeier, Attorney General, Tallahassee, and Rebecca Rock McGuigan, Assistant Attorney General, Daytona Beach, for Appellee. July 15, 2025

PER CURIAM.

AFFIRMED. See Finrock v. Fla. Civ. Commitment Ctr., 34 So. 3d 777, 778−79 (Fla. 2d DCA 2010) (affirming the denial of appellant’s petition for writ of mandamus “without prejudice to him exhausting his administrative remedies . . . and then seeking further relief in the appropriate circuit court if necessary”).

2

JAY, C.J., and MAKAR and LAMBERT, JJ., concur.


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