Hett v. White

District Court of Appeal of Florida

Hett v. White

863 So. 2d 488, 2004 Fla. App. LEXIS 444, 2004 WL 88856

CourtDistrict Court of Appeal of Florida

DecidedJanuary 21, 2004

DocketNo. 4D03-2156

StatusPublished

This text of 863 So. 2d 488 (Hett v. White) 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

Hett v. White, 863 So. 2d 488, 2004 Fla. App. LEXIS 444, 2004 WL 88856 (Fla. Ct. App. 2004).

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Opinion

PER CURIAM.

Paul Hett seeks review of the trial court’s order granting his request for indi-gency status, yet dismissing his mandamus petition pursuant to section 57.085(6), Florida Statutes (2003). Through the mandamus petition filed after he exhausted administrative remedies, Hett was challenging disciplinary action taken by the Department of Corrections.

Pursuant to Schmidt v. Crusoe, 28 Fla. L. Weekly S367, — So.2d -, 2003 WL 1987971(Fla. May 1, 2003), Hett is entitled to relief as the review he seeks in the circuit court is a “collateral criminal proceeding” and, therefore, falls outside the requirements of section 57.085. Accordingly, we grant Hett’s petition and quash the order of the trial court.

WARNER, KLEIN and MAY, JJ., concur.

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PER CURIAM.

Paul Hett seeks review of the trial court’s order granting his request for indi-gency status, yet dismissing his mandamus petition pursuant to section 57.085(6), Florida Statutes (2003). Through the mandamus petition filed after he exhausted administrative remedies, Hett was challenging disciplinary action taken by the Department of Corrections.

Pursuant to Schmidt v. Crusoe, 28 Fla. L. Weekly S367, — So.2d -, 2003 WL 1987971(Fla. May 1, 2003), Hett is entitled to relief as the review he seeks in the circuit court is a “collateral criminal proceeding” and, therefore, falls outside the requirements of section 57.085. Accordingly, we grant Hett’s petition and quash the order of the trial court.

WARNER, KLEIN and MAY, JJ., concur.

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Bluebook (online)

863 So. 2d 488, 2004 Fla. App. LEXIS 444, 2004 WL 88856, Counsel Stack Legal Research, https://law.counselstack.com/opinion/hett-v-white-fladistctapp-2004.

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