Brothers v. McNeil

District Court of Appeal of Florida

Brothers v. McNeil

1 So. 3d 378, 2009 Fla. App. LEXIS 665, 2009 WL 211938

District Court of Appeal of Florida·Decided January 30, 2009·No. No. 1D08-2805·Published·Cited by 1 cases

Opinion

PER CURIAM.

Clarence Brothers seeks review of a final order denying his petition for writ of mandamus in which he challenged the calculation of gain-time. We grant respondent’s motion to dismiss the proceeding as moot. Because official records indicate that Mr. Brothers was released from prison during the pendency of this proceeding, the proceeding is moot. See Phillips v. McDonough, 962 So.2d 375 (Fla. 1st DCA 2007).

WOLF, LEWIS, and ROBERTS, JJ., concur.

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PER CURIAM.

Clarence Brothers seeks review of a final order denying his petition for writ of mandamus in which he challenged the calculation of gain-time. We grant respondent’s motion to dismiss the proceeding as moot. Because official records indicate that Mr. Brothers was released from prison during the pendency of this proceeding, the proceeding is moot. See Phillips v. McDonough, 962 So.2d 375 (Fla. 1st DCA 2007).

WOLF, LEWIS, and ROBERTS, JJ., concur.

Brothers v. McNeil, 1 So. 3d 378, 2009 Fla. App. LEXIS 665, 2009 WL 211938 (Fla. Ct. App. 2009).

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Opinion

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