BARRY MCINTOSH
v.
MARK S. INCH, SECRETARY, DEPARTMENT OF CORRECTIONS
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A denial of a petition for writ of certiorari that clearly shows the issue was considered and decided on the merits constitutes a final decision barring subsequent relitigation of that issue under res judicata or collateral estoppel.
[1] A decision denying a petition for an extraordinary writ that clearly demonstrates the court decided the issue on the merits constitutes a final decision that bars subsequ…
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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"”
Court's citation to Topps v. State explaining the preclusive effect of merits decisions on extraordinary writs
Barry McIntosh, proceeding pro se, filed a petition for writ of certiorari against Mark S. Inch, Secretary of the 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.
_____________________________ Barry McIntosh, pro se, Petitioner. Ashley Moody, Attorney General, and Gecelyne S. Dixon, Assistant Attorney General, Tallahassee, for Respondent.