Gibson v. Florida Parole and Probation Com'n, No. AV-461

CourtCourt of Appeal of Florida (US)
Writing for the CourtPER CURIAM; ERVIN
Citation450 So.2d 553
Decision Date26 April 1984
Docket NumberNo. AV-461
PartiesJulian GIBSON, Appellant, v. FLORIDA PAROLE AND PROBATION COMMISSION, Appellee.

Page 553

450 So.2d 553
Julian GIBSON, Appellant,
v.
FLORIDA PAROLE AND PROBATION COMMISSION, Appellee.
No. AV-461.
District Court of Appeal of Florida,
First District.
April 26, 1984.
Rehearing Denied June 14, 1984.

Page 554

Julian Gibson, pro se.

Enoch J. Whitney, Gen. Counsel, Fla. Parole and Probation Commission, Tallahassee, for appellee.

PER CURIAM.

The circuit court's denial of appellant's petition for writ of mandamus seeking review of the presumptive parole release date established by the Commission is affirmed because appellant failed to allege in his petition, or show by providing an appendix, that he had exhausted his administrative remedies. See Houston v. Florida Parole and Probation Commission, 377 So.2d 34 (Fla. 1st DCA 1979).

AFFIRMED.

ERVIN, C.J., and THOMPSON and WIGGINTON, JJ., concur.

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4 practice notes
  • Holcomb v. Department of Corrections, No. 92-288
    • United States
    • Court of Appeal of Florida (US)
    • December 7, 1992
    ...If the court finds the allegations insufficient, it will deny the petition, see, e.g., Gibson v. Florida Parole & Probation Comm'n, 450 So.2d 553 (Fla. 1st DCA 1984), or dismiss those claims that are factually insufficient, see, e.g., Adams v. Wainwright, 512 So.2d 1077 (Fla. 1st DCA1987). ......
  • S.J. v. Thomas, CASE NO. 1D16–3635
    • United States
    • Court of Appeal of Florida (US)
    • December 19, 2017
    ...If the court finds the allegations insufficient, it will deny the petition, see, e.g., Gibson v. Florida Parole & Probation Comm'n, 450 So.2d 553 (Fla. 1st DCA 1984), or dismiss those claims that are factually insufficient, see, e.g., Adams v. Wainwright, 512 So.2d 1077 (Fla. 1st DCA 1987).......
  • Wilson v. Florida Parole and Probation Com'n, No. 88-890
    • United States
    • Court of Appeal of Florida (US)
    • June 16, 1988
    ...Smith v. Florida Parole and Probation Commission, 519 So.2d 686 (Fla. 1st DCA 1988); Gibson v. Florida Parole and Probation Commission, 450 So.2d 553 (Fla. 1st DCA 1984); Taylor v. Wainwright, 418 So.2d 1095 (Fla. 5th DCA DENIED. DAUKSCH, COBB and COWART, JJ., concur. ...
  • Smith v. Florida Parole and Probation Com'n, No. BQ-286
    • United States
    • Court of Appeal of Florida (US)
    • January 29, 1988
    ...remedies, appellant's Petition for Writ of Habeas Corpus was properly dismissed. Gibson v. Florida Parole and Probation Commission, 450 So.2d 553 (Fla. 1st DCA AFFIRMED. SMITH, C.J., and ERVIN and NIMMONS, JJ., concur. ...
4 cases
  • Holcomb v. Department of Corrections, No. 92-288
    • United States
    • Court of Appeal of Florida (US)
    • December 7, 1992
    ...If the court finds the allegations insufficient, it will deny the petition, see, e.g., Gibson v. Florida Parole & Probation Comm'n, 450 So.2d 553 (Fla. 1st DCA 1984), or dismiss those claims that are factually insufficient, see, e.g., Adams v. Wainwright, 512 So.2d 1077 (Fla. 1st DCA1987). ......
  • S.J. v. Thomas, CASE NO. 1D16–3635
    • United States
    • Court of Appeal of Florida (US)
    • December 19, 2017
    ...If the court finds the allegations insufficient, it will deny the petition, see, e.g., Gibson v. Florida Parole & Probation Comm'n, 450 So.2d 553 (Fla. 1st DCA 1984), or dismiss those claims that are factually insufficient, see, e.g., Adams v. Wainwright, 512 So.2d 1077 (Fla. 1st DCA 1987).......
  • Wilson v. Florida Parole and Probation Com'n, No. 88-890
    • United States
    • Court of Appeal of Florida (US)
    • June 16, 1988
    ...Smith v. Florida Parole and Probation Commission, 519 So.2d 686 (Fla. 1st DCA 1988); Gibson v. Florida Parole and Probation Commission, 450 So.2d 553 (Fla. 1st DCA 1984); Taylor v. Wainwright, 418 So.2d 1095 (Fla. 5th DCA DENIED. DAUKSCH, COBB and COWART, JJ., concur. ...
  • Smith v. Florida Parole and Probation Com'n, No. BQ-286
    • United States
    • Court of Appeal of Florida (US)
    • January 29, 1988
    ...remedies, appellant's Petition for Writ of Habeas Corpus was properly dismissed. Gibson v. Florida Parole and Probation Commission, 450 So.2d 553 (Fla. 1st DCA AFFIRMED. SMITH, C.J., and ERVIN and NIMMONS, JJ., concur. ...

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