Holland v. Singletary

District Court of Appeal of Florida

Holland v. Singletary

698 So. 2d 1364, 1997 Fla. App. LEXIS 10563, 1997 WL 578298

CourtDistrict Court of Appeal of Florida

DecidedSeptember 16, 1997

DocketNo. 96-03110

StatusPublished

This text of 698 So. 2d 1364 (Holland 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

Holland v. Singletary, 698 So. 2d 1364, 1997 Fla. App. LEXIS 10563, 1997 WL 578298 (Fla. Ct. App. 1997).

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Opinion

PER CURIAM.

The appellant filed a petition for writ of mandamus in the circuit court after exhausting the administrative grievance process within the Department of Corrections. In the petition, he alleged that the Department committed several errors in its disciplinary report against him. The trial court dismissed the petition finding that it lacked jurisdiction and that appellant should have filed his petition with this court. This was error. The proper method of seeking review of an order denying an administrative appeal is to file a petition for extraordinary relief in the circuit court, not the district court of appeal. See Jones v. Florida Department of Corrections, 615 So.2d 798 (Fla. 1st DCA 1993); Van Meter v. Singletary, 682 So.2d 1162 (Fla. 1st DCA 1996). Therefore, we remand this case to the trial court for consideration of the petition for writ of mandamus.

Reversed.

WEBSTER, LAWRENCE and PADOVANO, JJ., concur.

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PER CURIAM.

The appellant filed a petition for writ of mandamus in the circuit court after exhausting the administrative grievance process within the Department of Corrections. In the petition, he alleged that the Department committed several errors in its disciplinary report against him. The trial court dismissed the petition finding that it lacked jurisdiction and that appellant should have filed his petition with this court. This was error. The proper method of seeking review of an order denying an administrative appeal is to file a petition for extraordinary relief in the circuit court, not the district court of appeal. See Jones v. Florida Department of Corrections, 615 So.2d 798 (Fla. 1st DCA 1993); Van Meter v. Singletary, 682 So.2d 1162 (Fla. 1st DCA 1996). Therefore, we remand this case to the trial court for consideration of the petition for writ of mandamus.

Reversed.

WEBSTER, LAWRENCE and PADOVANO, JJ., concur.

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698 So. 2d 1364, 1997 Fla. App. LEXIS 10563, 1997 WL 578298, Counsel Stack Legal Research, https://law.counselstack.com/opinion/holland-v-singletary-fladistctapp-1997.

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