Comer v. Florida Parole and Probation Commission
| Decision Date | 10 October 1980 |
| Docket Number | No. WW-82,WW-82 |
| Citation | 388 So.2d 1341 |
| Parties | Adolph COMER, Petitioner, v. FLORIDA PAROLE AND PROBATION COMMISSION, Respondent. |
| Court | Florida District Court of Appeals |
Adolph Comer, pro se.
No appearance for respondent.
The petitioner, a prisoner within the custody of the Florida Department of Corrections, seeks the issuance of a writ of habeas corpus, alleging that the Florida Parole and Probation Commission has violated legislative directives in its establishment of certain rules. 1
While the petitioner claims a jurisdictional base in Chapter 120, Florida Statutes (1979), we find no showing of exhaustion of administrative remedies here. Petitioner is entitled to seek § 120.54(5), F.S., or § 120.56, F.S., proceedings, which may resolve the issues without resorting to premature judicial intervention. Accordingly, the petition is hereby dismissed without prejudice to seek review pursuant to § 120.68, F.S., of any final orders of the Parole and Probation Commission resulting from Chapter 120 proceedings.
1 Petitioner asserts that Rule 23-19.02(2)(g), Fla.Admin.Code, violates legislative intent as expressed in s. 947.165(1), Fla.Stat. (1979), in that the rule may act to impose a longer term to serve than is proper by taking certain factors into account more than once. We do not speak to the merits of this claim.
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Jenrette v. Wainwright
...ruling under Section 120.54(5), Florida Statutes, or Section 120.56, Florida Statutes. See Comer v. Florida Parole and Probation Commission, 388 So.2d 1341 (Fla. 1st DCA 1980). But Jenrette did take an administrative appeal, and it was only when the Commission issued its ruling thereon that......
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Daniels v. Florida Parole and Probation Commission
...the Commission is not excluded from the Act's scope under Section 120.50 2 or otherwise. 3 Compare Comer v. Florida Parole & Probation Commission, 388 So.2d 1341 (Fla. 1st DCA 1980). The most significant question before us is whether an inmate may be considered a party to the action which h......
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Florida Institutional Legal Services, Inc. v. Florida Parole and Probation Commission, PP-148
...for they are not barred from Section 120.54(5) remedies by the restrictions stated in Section 120.52(10). Comer v. Parole and Probation Comm'n, 388 So.2d 1341 (Fla. 1st DCA 1980). Standing is also afforded FILS, a legal services corporation which by contract with the Commission provides ind......
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T.L.W. v. Soud, s. 94-3144
...may also procedurally bar consideration of claims raised through a petition for writ of habeas corpus. Comer v. Florida Parole & Probation Commission, 388 So.2d 1341 (Fla. 1st DCA 1980). These requirements serve the dual purpose of permitting the trial court or administrative forum to first......