Riddell v. Florida Dept. of Corrections, 88-483

Decision Date10 February 1989
Docket NumberNo. 88-483,88-483
Citation14 Fla. L. Weekly 402,538 So.2d 132
Parties14 Fla. L. Weekly 402 Ricky Randell RIDDELL, Appellant, v. FLORIDA DEPARTMENT OF CORRECTIONS, Richard L. Dugger, Florida Parole and Probation Commission, A.M. Fontana, Appellees.
CourtFlorida District Court of Appeals

Ricky Randell Riddell, pro se, for appellant.

Kurt E. Ahrendt, Asst. Gen. Counsel, Florida Parole and Probation Com'n, for appellees.

SHIVERS, Judge.

We affirm the trial court's denial of Riddell's petition for writ of mandamus (challenging the Commission's calculation of his presumptive parole release date), on the basis of failure to exhaust administrative remedies. Riddell's January 2, 1987 request for administrative review raised three points with regard to the calculation of a presumptive parole release date set in his 1982 case. Riddell's October 27, 1987 petition for writ of mandamus, however, abandoned all three of those points and raised a new argument for the first time. Since Riddell failed to seek administrative review on the argument raised in his petition for writ of mandamus, the trial court correctly denied the petition. Dodd v. Florida Parole and Probation Commission, 380 So.2d 556 (Fla. 1st DCA 1980).

ZEHMER and BARFIELD, JJ., concur.

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8 cases
  • Baker v. Fla. Comm'n On Offender Review, Case No.: 3:16cv420/LAC/EMT
    • United States
    • U.S. District Court — Northern District of Florida
    • August 31, 2017
    ...remedies is required before seeking judicial review of a parole commission decision or action. See Riddell v. Fla. Dep't of Corr., 538 So. 2d 132, 133 (Fla. 1st DCA 1989) (citation omitted). Upon exhaustion of administrative remedies, a prisoner may seek judicial review of the parole commis......
  • Courtney v. Coonrod
    • United States
    • U.S. District Court — Northern District of Florida
    • August 2, 2016
    ...v. Fla. Dep't of Corr., 967 So. 2d 412, 415 (Fla. 1st DCA 2007). See also, Riddell v. Florida Department of Corrections and Florida Parole and Probation Commission, 538 So. 2d 132, 133 (Fla. 1st DCA 1989); Dodd v. Fla. Parole & Prob. Com., 380 So. 2d 556, 557 (Fla. 1st DCA 1980); Gonzales v......
  • Boone v. Fla. Comm'n on Offender Review
    • United States
    • U.S. District Court — Middle District of Florida
    • December 28, 2020
    ...failed to exhaust his administrative remedies on this issue. He is thus prohibited from raising it here. SeeRiddell v. Fla. Dep't of Corrections, 538 So.2d 132, 133 (Fla. 1st DCA 1989); Dodd v. Fla. Parole & Probation Comm'n, 380 So.2d 556 (Fla. 1st DCA 1980); Gonzalez v. Fla. Parole & Prob......
  • Roth v. Crosby, 2D03-1453.
    • United States
    • Florida District Court of Appeals
    • September 24, 2004
    ...which he was required to do before seeking review of the Commission's action in the circuit court. See Riddell v. Fla. Dep't of Corrections, 538 So.2d 132, 133 (Fla. 1st DCA 1989). 2. We do not treat Roth's timely filed notice of appeal as a petition for writ of certiorari because appeal is......
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