Diaz v. Singletary

District Court of Appeal of Florida

Diaz v. Singletary

637 So. 2d 358, 1994 Fla. App. LEXIS 5102, 1994 WL 231446

CourtDistrict Court of Appeal of Florida

DecidedJune 1, 1994

DocketNo. 93-2756

StatusPublished

This text of 637 So. 2d 358 (Diaz v. Singletary) is published on Counsel Stack Legal Research, covering District Court of Appeal of Florida primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Diaz v. Singletary, 637 So. 2d 358, 1994 Fla. App. LEXIS 5102, 1994 WL 231446 (Fla. Ct. App. 1994).

Pincite

Opinion

PER CURIAM.

Appellant, an inmate in the state prison system, seeks review of a final order summarily denying his petition for a writ of habeas corpus. Although petitioner may not have stated a claim for habeas corpus relief, he arguably showed entitlement to relief by writ of mandamus, see Department of Corrections v. Marshall, 618 So.2d 777 (Fla. 1st DCA 1993). His failure to select the appropriate remedy, without more, is not a proper reason to deny relief, Caverly v. State, 436 So.2d 191 (Fla. 2d DCA 1983). We conclude that the allegations contained in appellant’s petition are sufficient to establish a prima facie case, and to shift the burden of going forward to appellees. Holcomb v. Department of Corrections, 609 So.2d 751 (Fla. 1st DCA 1992). Accordingly, we reverse, and remand with directions that the trial court issue an alternative writ and conduct such further proceedings as may prove necessary.

REVERSED and REMANDED, with directions.

MINER, MICKLE and DAVIS, JJ., concur.

Free access — add to your briefcase to read the full text and ask questions with AI

PER CURIAM.

Appellant, an inmate in the state prison system, seeks review of a final order summarily denying his petition for a writ of habeas corpus. Although petitioner may not have stated a claim for habeas corpus relief, he arguably showed entitlement to relief by writ of mandamus, see Department of Corrections v. Marshall, 618 So.2d 777 (Fla. 1st DCA 1993). His failure to select the appropriate remedy, without more, is not a proper reason to deny relief, Caverly v. State, 436 So.2d 191 (Fla. 2d DCA 1983). We conclude that the allegations contained in appellant’s petition are sufficient to establish a prima facie case, and to shift the burden of going forward to appellees. Holcomb v. Department of Corrections, 609 So.2d 751 (Fla. 1st DCA 1992). Accordingly, we reverse, and remand with directions that the trial court issue an alternative writ and conduct such further proceedings as may prove necessary.

REVERSED and REMANDED, with directions.

MINER, MICKLE and DAVIS, JJ., concur.

Cite This Page — Counsel Stack

Bluebook (online)

637 So. 2d 358, 1994 Fla. App. LEXIS 5102, 1994 WL 231446, Counsel Stack Legal Research, https://law.counselstack.com/opinion/diaz-v-singletary-fladistctapp-1994.

Opinion

Related

Cite This Page — Counsel Stack