Alday v. Singletary, 97-462
| Citation | 719 So.2d 1260 |
| Decision Date | 04 November 1998 |
| Docket Number | No. 97-462,97-462 |
| Parties | 23 Fla. L. Weekly D2476 Glen A. ALDAY, Appellant, v. Harry K. SINGLETARY, Jr., Secretary, Department of Corrections, Appellee. |
| Court | Court of Appeal of Florida (US) |
An appeal from the Circuit Court of Leon County; F.E. Steinmeyer, III, Judge.
Appellant, pro se.
Robert Butterworth, Attorney General, and Trisha E. Meggs, Assistant Attorney General, Tallahassee, for Appellee.
Appellant, Glen A. Alday, challenges an order of the circuit court denying his petition for writ of habeas corpus or, in the alternative, petition for audita querela. Alday is incarcerated in Avon Park, Florida, which is in Polk County and the Tenth Judicial Circuit. Alday filed his petition in the Twelfth Judicial Circuit in and for Manatee County. "If a prisoner files a habeas corpus petition in circuit court, the petition must be filed in the circuit court of the county in which the prisoner is detained." Alachua Regional Juvenile Detention Ctr. v. T.O., 684 So.2d 814, 816 (Fla.1996); see § 79.09, Fla. Stat. (); Lewis v. Florida Parole Comm'n, 697 So.2d 965, 966 (Fla. 1st DCA 1997) (); Finley v. State, 394 So.2d 215, 216 (Fla. 1st DCA 1981) (); Ruiter v. Wainwright, 249 So.2d 67 (Fla. 2d DCA 1971) (). Alday thus did not file his petition in the proper court.
Instead of transferring Alday's petition to the proper court, i.e., the Tenth Circuit, the Twelfth Circuit transferred it to the Second Circuit. Because the petition should not have been in the Second Circuit, the trial court did not err in denying it. Accordingly, we affirm the trial court's order without prejudice to Alday's right to file an appropriate petition in the proper court. S...
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Wiggins v. State, 3D13-78
...or other developments making further enforcement contrary to justice. The writ has been abolished in Florida. Alday v. Singletary, 719 So. 2d 1260 (Fla. 1st DCA 1998). 2. §§ 895.01-.06, Fla. Stat. (1997). 3. Each count of the amended information other than count II (RICO conspiracy) include......
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Wiggins v. State, 3D13–78.
...or other developments making further enforcement contrary to justice. The writ has been abolished in Florida. Alday v. Singletary, 719 So.2d 1260 (Fla. 1st DCA 1998). 2.§§ 895.01–.06, Fla. Stat. (1997). 3. Each count of the amended information other than count II (RICO conspiracy) included ......
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Miller v. Moore, 1D99-4477.
...is denied without prejudice to petitioner's right to file an appropriate petition in the proper court. See Alday v. Singletary, 719 So.2d 1260 (Fla. 1st DCA 1998); Ashley v. Singletary, 706 So.2d 1373 (Fla. 1st DCA 1998); Lewis v. Florida Parole Commission, 697 So.2d 965 (Fla. 1st DCA PETIT......
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Stanley v. Moore, 99-153.
...rather than the Second Judicial Circuit where the petition was actually filed, see § 79.09, Fla. Stat. (1997); Alday v. Singletary, 719 So.2d 1260 (Fla. 1st DCA 1998), we conclude that, in the interests of expediency, this case should be remanded to the circuit court for immediate transfer ......