RANDOLPH HURLEY
v.
FLORIDA COMMISSION ON OFFENDER REVIEW
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The trial court properly dismissed Hurley's petition for writ of mandamus against the Florida Commission on Offender Review.
[1] A certiorari petition challenging an order that is partially appealable may be redesignated and reviewed as an appeal rather than proceeding under the heightened certiora…
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Join FLexlaw to unlock all legal intelligenceRandolph Hurley filed a petition for writ of mandamus against the Florida Commission on Offender Review. The trial court dismissed the petition.…
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FIRST DISTRICT COURT OF APPEAL
STATE OF FLORIDA
_____________________________
No. 1D18-3349 _____________________________
RANDOLPH HURLEY,
Appellant,
v.
FLORIDA COMMISSION ON
OFFENDER REVIEW,
Appellee. _____________________________
On appeal from the Circuit Court for Leon County. John C. Cooper, Judge.
February 10, 2020
PER CURIAM.
Randolph Hurley petitions for a writ of certiorari to quash the trial court’s order dismissing his petition for writ of mandamus. On the Court’s own motion, we redesignate Hurley’s certiorari petition as an appeal, even though a portion of the trial court’s order may be subject to the heightened certiorari standard of review. See Whisner v. Moore, 825 So. 2d 420 (Fla. 1st DCA 2002) (allowing review to proceed by appeal rather than petition where order on review was partially appealable). We treat the petition as the initial brief and the response by the Florida Commission on Offender Review as the answer brief. Finding no error by the trial court, we AFFIRM. ROWE, WINOKUR, and NORDBY, JJ., concur.
2
_____________________________
Not final until disposition of any timely and authorized motion under Fla. R. App. P. 9.330 or 9.331. _____________________________
Randolph Hurley, pro se, Appellant.
Rana Wallace, General Counsel, and Mark Hiers, Assistant General Counsel, Florida Commission on Offender Review, Tallahassee, for Appellee.