Singletary v. Powell, 91-1888
| Decision Date | 25 June 1992 |
| Docket Number | No. 91-1888,91-1888 |
| Citation | 602 So.2d 969 |
| Parties | Harry K. SINGLETARY, Jr., Secretary, Department of Corrections, Appellants, v. Gary POWELL, Appellee. 602 So.2d 969, 17 Fla. L. Week. D1695 |
| Court | Florida District Court of Appeals |
An Appeal from the Circuit Court for Leon County; N. Sanders Sauls, Judge.
Susan A. Maher, Asst. Gen. Counsel, Dept. of Corrections, Tallahassee, for appellant.
No appearance for appellee.
Appellee's petition requesting that the Secretary of the Department of Corrections be ordered to award him provisional credits under Section 944.277, Florida Statutes (Supp.1990), in accordance with Anderson v. Dugger, 15 F.L.W. C56 (Fla.2d Jud.Cir.Ct. Oct. 18, 1990), should be treated as a petition for writ of mandamus. Venue properly lies in Leon County. See Dugger v. Grooms, 582 So.2d 136 (Fla. 1st DCA 1991) (); Bronson v. Florida Parole & Probation Comm'n, 474 So.2d 409 (Fla. 1st DCA 1985) (). The trial court's order transferring venue to Hendry County is therefore REVERSED and the case is REMANDED for further proceedings.
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... ... Searcy v. Singletary, 590 So.2d 1034, 1034 n. 1 (Fla. 2d DCA 1991). Otherwise, a petition for a writ of mandamus is the proper method for review of the Department's denial of gain time. Singletary v. Powell, 602 So.2d 969 (Fla. 1st DCA 1992). Because Stovall did not allege that he is entitled to immediate ... ...
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...FLA. R. APP. P. 9.010; 9.100. (52) See Florida Real Estate Com'n v. State, 75 So. 2d 290, 291 (Fla. 1954). (53) See Singletary v. Powell, 602 So. 2d 969, 970 (Fla. 1st D.C.A. 1992); see also Dugger v. Grooms, 582 So. 2d 136, 136 (Fla. 1st D.C.A. (54) See FLA. R. CIV. P. 1.630(b). (55) See i......