Montgomery v. Florida Parole Commission

879 So. 2d 1256, 2004 Fla. App. LEXIS 11699, 2004 WL 1773703
District Court of Appeal of Florida·Decided August 10, 2004·No. No. 1D04-2886·Published

Opinion

PER CURIAM.

Benjamin F. Montgomery seeks a belated appeal from an order of the Circuit Court for Leon County which denied his petition for writ of mandamus. According to petitioner, he was not aware that the circuit court had issued the order until after the time for appealing had passed.

Petitioner has sought the wrong remedy. Accordingly, we deny the petition without prejudice to his right to seek relief in the circuit court. See Powell v. Florida Department of Corrections, 727 So.2d 1103 (Fla. 1st DCA 1999).

PETITION DENIED.

WOLF, C.J., KAHN and LEWIS, JJ., concur.

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Montgomery v. Florida Parole Commission, 879 So. 2d 1256, 2004 Fla. App. LEXIS 11699, 2004 WL 1773703 (Fla. Ct. App. 2004).

879 So. 2d 1256 (Montgomery v. Florida Parole Commission) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.

Related

Powell v. Florida Dept. of Corrections
727 So. 2d 1103 (District Court of Appeal of Florida, 1999)