Moore v. Wilson
This text of 795 So. 2d 101 (Moore v. Wilson) 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.
Opinion
Michael W. MOORE, Secretary Florida Department of Corrections, Petitioner,
v.
Samuel WILSON (DC# 190180), Respondent.
District Court of Appeal of Florida, Third District.
Terri Leon-Benner (Tallahassee), Assistant General Counsel, for petitioner.
Levine & Finger and Jay L. Levine, Miami, for respondent.
Before SCHWARTZ, C.J., and GERSTEN and LEVY, JJ.
SCHWARTZ, Chief Judge.
As the respondent has agreed by confessing error, the trial court order under review, which ordered the Department of Corrections to administer particular medical treatment to a confined prisoner, is quashed for lack of jurisdiction. See Moore v. Peavey, 729 So.2d 494, 495 (Fla. 5th DCA 1999)("The authority of the criminal court to issue orders concerning the conditions and treatment of incarcerated inmates ceases when DOC receives the inmate into custody...."); Singletary v. Acosta, 659 So.2d 449, 450 (Fla. 3d DCA 1995)(trial court "wholly lacks authority to regulate the treatment and placement of a sentenced defendant in the prison system"); see also Singletary v. Duggins, 724 So.2d 1234 (Fla. 3d DCA 1999).
Certiorari granted.
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795 So. 2d 101, 2001 WL 246022, Counsel Stack Legal Research, https://law.counselstack.com/opinion/moore-v-wilson-fladistctapp-2001.