Key v. State

District Court of Appeal of Florida

Key v. State

874 So. 2d 694, 2004 Fla. App. LEXIS 7351, 2004 WL 1161901

CourtDistrict Court of Appeal of Florida

DecidedMay 26, 2004

DocketNo. 4D04-1460

StatusPublished

Cited by1 cases

This text of 874 So. 2d 694 (Key v. State) 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

Key v. State, 874 So. 2d 694, 2004 Fla. App. LEXIS 7351, 2004 WL 1161901 (Fla. Ct. App. 2004).

Pincite

Opinion

PER CURIAM.

Ray Key appeals an order dismissing his “Fundamental Motion for Relief from Judgment and Order of the Court.” The motion sought rehearing of an order dismissing a petition for writ of habeas corpus that was filed in the wrong circuit. The circuit court dismissed the motion for relief from judgment, concluding that Key was again seeking relief in the wrong circuit.

The circuit court’s order is affirmed without prejudice to file the petition for writ of habeas corpus in the proper circuit. See Johnson v. Fla. Parole Comm’n, 841 So.2d 615, 617 (Fla. 1st DCA 2008)(stating that mandamus petition challenging presumptive parole release date was “properly filed in the circuit court where the agency was headquartered” and habeas petition challenging parole revocation was “properly filed in the county where petitioner was detained”); Heard v. Fla. Parole Comm’n, 811 So.2d 808, 808-09 (Fla. 1st DCA 2002)(holding that an inmate’s challenge to revocation of early release from prison under an early release program is properly raised in a habeas petition; the petition should be filed in the circuit court having jurisdiction over the correctional facility where inmate is currently housed).

FARMER, C.J., STEVENSON and GROSS, JJ., concur.

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

PER CURIAM.

Ray Key appeals an order dismissing his “Fundamental Motion for Relief from Judgment and Order of the Court.” The motion sought rehearing of an order dismissing a petition for writ of habeas corpus that was filed in the wrong circuit. The circuit court dismissed the motion for relief from judgment, concluding that Key was again seeking relief in the wrong circuit.

The circuit court’s order is affirmed without prejudice to file the petition for writ of habeas corpus in the proper circuit. See Johnson v. Fla. Parole Comm’n, 841 So.2d 615, 617 (Fla. 1st DCA 2008)(stating that mandamus petition challenging presumptive parole release date was “properly filed in the circuit court where the agency was headquartered” and habeas petition challenging parole revocation was “properly filed in the county where petitioner was detained”); Heard v. Fla. Parole Comm’n, 811 So.2d 808, 808-09 (Fla. 1st DCA 2002)(holding that an inmate’s challenge to revocation of early release from prison under an early release program is properly raised in a habeas petition; the petition should be filed in the circuit court having jurisdiction over the correctional facility where inmate is currently housed).

FARMER, C.J., STEVENSON and GROSS, JJ., concur.

Cite This Page — Counsel Stack

Bluebook (online)

874 So. 2d 694, 2004 Fla. App. LEXIS 7351, 2004 WL 1161901, Counsel Stack Legal Research, https://law.counselstack.com/opinion/key-v-state-fladistctapp-2004.

Opinion

Related

Cite This Page — Counsel Stack