MILTON DEVINE
v.
DEPARTMENT OF CORRECTIONS
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A denial of a certiorari petition on the merits operates to bar the petitioner from presenting the issue in future proceedings under the doctrines of res judicata or collateral estoppel.
[1] A denial of a petition for writ of certiorari that is decided on the merits precludes the petitioner from raising the same issue in subsequent litigation under the doctri…
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Join FLexlaw to unlock all legal intelligence“a decision on an extraordinary writ petition that 'clearly shows that the issue was considered by the court on the merits' is deemed a decision 'which would later bar the litigant from presenting the issue under the doctrines of res judicata or collateral estoppel'”
The court explaining the preclusive effect of denying a certiorari petition on the merits, citing Topps v. State.
Milton Devine, proceeding pro se, filed a petition for a writ of certiorari against the Florida Department of Corrections.…
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September 22, 2021 PER CURIAM.
The Court denies the petition for writ of certiorari on the merits. See Topps v. State, 865 So. 2d 1253, 1258 (Fla. 2004) (explaining that a decision on an extraordinary writ petition that “clearly shows that the issue was considered by the court on the merits” is deemed a decision “which would later bar the litigant from presenting the issue under the doctrines of res judicata or collateral estoppel”). LEWIS, MAKAR, and BILBREY, JJ., concur. _____________________________ Not final until disposition of any timely and authorized motion under Fla. R. App. P. 9.330 or 9.331.
_____________________________ Milton Devine, pro se, Petitioner. Lance Eric Neff, General Counsel, and Beverly Brewster, Assistant General Counsel, Florida Department of Corrections, Tallahassee, for Respondent.