Tungate v. Florida Department of Corrections

District Court of Appeal of Florida

Tungate v. Florida Department of Corrections

742 So. 2d 803, 1998 Fla. App. LEXIS 6146, 1998 WL 282765

CourtDistrict Court of Appeal of Florida

DecidedJune 3, 1998

DocketNo. 96-4177

StatusPublished

This text of 742 So. 2d 803 (Tungate v. Florida Department of Corrections) 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.

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Tungate v. Florida Department of Corrections, 742 So. 2d 803, 1998 Fla. App. LEXIS 6146, 1998 WL 282765 (Fla. Ct. App. 1998).

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Opinion

ORDER DISMISSING APPEAL

PER CURIAM.

Carmen Tungate, an inmate incarcerated at Everglades Correctional Institution, appeals the adoption by the Florida Department of Corrections, appellee, of rule 33-3.0055, Florida Administrative Code, which, in pertinent part, establishes required lists of library materials to be maintained in the law libraries located in the Department’s correctional facilities. See Lewis v. Casey, 518 U.S. 343, 116 S.Ct. 2174, 135 L.Ed.2d 606 (1996). The Department argues that appellant lacks the standing to challenge the rule pursuant to section 120.81(3)(a), Florida Statutes (Supp.1996). We agree. Section [804]*804120.81(3)(a) is a statutory bar to appellant, as a prisoner, seeking judicial review of the administrative action in the instant case. See Endress v. Florida Dep’t of Corrections, 612 So.2d 645 (Fla. 1st DCA 1993).

Accordingly, the instant appeal is dismissed. See § 120.81(3)(a), Fla. Stat. (Supp.1996).

ERVIN, BOOTH and VAN NORTWICK, JJ., concur.

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ORDER DISMISSING APPEAL

PER CURIAM.

Carmen Tungate, an inmate incarcerated at Everglades Correctional Institution, appeals the adoption by the Florida Department of Corrections, appellee, of rule 33-3.0055, Florida Administrative Code, which, in pertinent part, establishes required lists of library materials to be maintained in the law libraries located in the Department’s correctional facilities. See Lewis v. Casey, 518 U.S. 343, 116 S.Ct. 2174, 135 L.Ed.2d 606 (1996). The Department argues that appellant lacks the standing to challenge the rule pursuant to section 120.81(3)(a), Florida Statutes (Supp.1996). We agree. Section [804]*804120.81(3)(a) is a statutory bar to appellant, as a prisoner, seeking judicial review of the administrative action in the instant case. See Endress v. Florida Dep’t of Corrections, 612 So.2d 645 (Fla. 1st DCA 1993).

Accordingly, the instant appeal is dismissed. See § 120.81(3)(a), Fla. Stat. (Supp.1996).

ERVIN, BOOTH and VAN NORTWICK, JJ., concur.

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742 So. 2d 803, 1998 Fla. App. LEXIS 6146, 1998 WL 282765, Counsel Stack Legal Research, https://law.counselstack.com/opinion/tungate-v-florida-department-of-corrections-fladistctapp-1998.

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