Genovese v. Tucker

District Court of Appeal of Florida

Genovese v. Tucker

103 So. 3d 255, 2012 WL 6603062, 2012 Fla. App. LEXIS 21659

CourtDistrict Court of Appeal of Florida

DecidedDecember 19, 2012

DocketNo. 1D12-3569

StatusPublished

This text of 103 So. 3d 255 (Genovese v. Tucker) 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

Genovese v. Tucker, 103 So. 3d 255, 2012 WL 6603062, 2012 Fla. App. LEXIS 21659 (Fla. Ct. App. 2012).

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Opinion

PER CURIAM.

As the petitioner’s county of incarceration was Bradford and not Union county, the lower tribunal lacked territorial jurisdiction over the petitioner’s habeas corpus petition. See Johnson v. Fla. Parole Comm’n, 841 So.2d 615 (Fla. 1st DCA 2003). The petition for writ of certiorari is thus GRANTED. The lower tribunal’s order of July 12, 2012, is hereby QUASHED, and this matter is REMANDED to the lower tribunal.

PADOVANO, MARSTILLER, and SWANSON, JJ., concur.

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PER CURIAM.

As the petitioner’s county of incarceration was Bradford and not Union county, the lower tribunal lacked territorial jurisdiction over the petitioner’s habeas corpus petition. See Johnson v. Fla. Parole Comm’n, 841 So.2d 615 (Fla. 1st DCA 2003). The petition for writ of certiorari is thus GRANTED. The lower tribunal’s order of July 12, 2012, is hereby QUASHED, and this matter is REMANDED to the lower tribunal.

PADOVANO, MARSTILLER, and SWANSON, JJ., concur.

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Bluebook (online)

103 So. 3d 255, 2012 WL 6603062, 2012 Fla. App. LEXIS 21659, Counsel Stack Legal Research, https://law.counselstack.com/opinion/genovese-v-tucker-fladistctapp-2012.

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