Williams v. Ivey

District Court of Appeal of Florida

Williams v. Ivey

708 So. 2d 287, 1997 Fla. App. LEXIS 337, 1997 WL 35262

District Court of Appeal of Florida·Decided January 31, 1997·No. No. 96-1034·Published·Cited by 1 cases

Opinions

PER CURIAM.

Michael Darnell Williams, an inmate in the Florida correctional system, appeals an order by which the trial court denied his petition for a writ of mandamus. The trial court apparently relied upon section 95.11(8), Florida Statutes (1995), in denying the petition. But we recently held that section violative of the constitutional doctrine of separation of powers as applied to an action seeking issuance of an extraordinary writ. See Van Meter v. Singletary, 682 So.2d 1162 (Fla. 1st DCA 1996).

Accordingly, we reverse the order under review and remand this case to the trial court for further consideration of the petition.

ALLEN and MICKLE, JJ., concur. MINER, J., specially concurs with written opinion.

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

PER CURIAM.

Michael Darnell Williams, an inmate in the Florida correctional system, appeals an order by which the trial court denied his petition for a writ of mandamus. The trial court apparently relied upon section 95.11(8), Florida Statutes (1995), in denying the petition. But we recently held that section violative of the constitutional doctrine of separation of powers as applied to an action seeking issuance of an extraordinary writ. See Van Meter v. Singletary, 682 So.2d 1162 (Fla. 1st DCA 1996).

Accordingly, we reverse the order under review and remand this case to the trial court for further consideration of the petition.

ALLEN and MICKLE, JJ., concur. MINER, J., specially concurs with written opinion.

Williams v. Ivey, 708 So. 2d 287, 1997 Fla. App. LEXIS 337, 1997 WL 35262 (Fla. Ct. App. 1997).

Pincite

708 So. 2d 287 (Williams v. Ivey) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.

Opinions

Related