Tedder v. FLORIDA PAROLE COM'N, No. 1D02-1612.

CourtCourt of Appeal of Florida (US)
Writing for the CourtWEBSTER, J.
Citation842 So.2d 1022
Docket NumberNo. 1D02-1612.
Decision Date22 April 2003
PartiesRobert D. TEDDER, Petitioner, v. FLORIDA PAROLE COMMISSION, Respondent.

842 So.2d 1022

Robert D. TEDDER, Petitioner,
v.
FLORIDA PAROLE COMMISSION, Respondent

No. 1D02-1612.

District Court of Appeal of Florida, First District.

April 22, 2003.


842 So.2d 1023
Petitioner pro se

William L. Camper, General Counsel; Bradley R. Bischoff, Assistant General Counsel, Florida Parole Commission, Tallahassee, for Respondent.

WEBSTER, J.

By a petition for writ of certiorari, Robert Tedder, an inmate of the state correctional system, seeks review of a final order entered by the trial court. That order denied Tedder's petition for writ of mandamus by which he challenged the Florida Parole Commission's order revoking his conditional release. Because we conclude that the trial court's order constituted a departure from the essential requirements of law, we grant the petition, quash the trial court's order, and remand for further proceedings applying the correct law.

I.

The documents attached to the Parole Commission's response to our order to show cause reflect the following. On March 26, 1997, Tedder was placed on conditional release for a term of four years and 11 months. One of the conditions of his release was that he not change his residence without securing the permission of his conditional release supervisor.

On August 9, 2001, Tedder's conditional release supervisor signed a violation report alleging that Tedder had moved without

842 So.2d 1024
first obtaining her permission. According to the report, the supervisor had visited Tedder's residence on August 3, 2001. She observed that the curtains were drawn in all but one room, which "was empty." In addition, there was a note on the door "written to the landlord that stated that all the belongings would be out by Friday." A warrant was issued, and Tedder was arrested

On September 28, 2001, Tedder had a hearing on the alleged violation. Following the hearing, the parole examiner found that the evidence failed to prove to her satisfaction that Tedder had, in fact, moved on August 3. Based on that finding, the examiner recommended that Tedder be reinstated to conditional release supervision. Notwithstanding the examiner's recommendation, the Parole Commission revoked Tedder's conditional release. It did so after reweighing the same evidence considered by the examiner, and finding that evidence sufficient to establish guilt as to the violation alleged.

Tedder then filed a petition for writ of mandamus in the circuit court. In his petition, he argued that the Parole Commission was not permitted to disregard the finding of the examiner because the finding was based on competent, substantial evidence. The trial court denied the petition, concluding that sufficient evidence had been presented at the revocation hearing to support the Parole Commission's decision to revoke Tedder's conditional release.

II.

"Although the Florida Parole Commission is an administrative agency, a special provision of the Administrative Procedure Act [§ 120.81(3)(a), Fla. Stat. (2002)] exempts inmate orders from review by appeal." Sheley v. Fla. Parole Comm'n, 703 So.2d 1202, 1205 (Fla. 1st DCA 1997) (criminal division en banc), approved 720 So.2d 216 (Fla.1998). In cases such as this, a petition filed in the circuit court, seeking a writ of mandamus, has become the accepted method by which one may obtain review of the Parole Commission's decision. Id. (citing cases). In such a case, "a petition for writ of mandamus in the circuit court takes the place of an appeal." Id.

Review of a circuit court's ruling in such a case may be sought by a petition for writ of certiorari. Id. at 1206...

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47 practice notes
  • Diaz v. Fla. Comm'n On Offender Review, Case No.: 4:15cv35/MW/EMT
    • United States
    • United States District Courts. 11th Circuit. United States District Courts. 11th Circuit. Northern District of Florida
    • August 10, 2015
    ...the hearing examiner's findings if the findings are supported by competent, substantial evidence. See Tedder v. Fla. Parole Comm'n, 842 So. 2d 1022, 1025 (Fla. 1st DCA 2003) (parole commission is not at liberty to reweigh the evidence considered by the hearing examiner where the examiner's ......
  • Collins v. Hendrickson, No. 8:02 CV 1438 T 27MSS.
    • United States
    • United States District Courts. 11th Circuit. United States District Court of Middle District of Florida
    • January 26, 2005
    ...requirements of law" for a court to affirm a decision of the FPC under those circumstances. Tedder v. Florida Parole Commission, 842 So.2d 1022 (Fla. 1st DCA 2003)4; see also, Mabrey v. Florida Parole Commission, 858 So.2d 1176, 1183 (Fla. 2d DCA 2003): Merritt v. Crosby, 893 So.2d 598, (Fl......
  • Brown v. McNeil, Case No. 3:05-cv-86-32TEM.
    • United States
    • United States District Courts. 11th Circuit. United States District Court of Middle District of Florida
    • May 14, 2008
    ...the examiner's findings of guilt on the cost of supervision and curfew violations. .... The instant case is distinguishable from Tedder [842 So.2d 1022 (Fla. 1st DCA 2003) ], because the Commission did not reweigh evidence and draw a different conclusion. The Commission found, just as the p......
  • Department of Highway Safety v. Roberts, No. 5D05-3001.
    • United States
    • Court of Appeal of Florida (US)
    • March 24, 2006
    ...to "`a violation of a clearly established principle of law resulting in a miscarriage of justice.'" Tedder v. Florida Parole Comm'n, 842 So.2d 1022, 1024 (Fla. 1st DCA 2003) (quoting Combs v. State, 436 So.2d 93, 96 (Fla.1983)); see also Allstate Ins. Co. v. Kaklamanos, 843 So.2d 885 (Fla.2......
  • Request a trial to view additional results
47 cases
  • Diaz v. Fla. Comm'n On Offender Review, Case No.: 4:15cv35/MW/EMT
    • United States
    • United States District Courts. 11th Circuit. United States District Courts. 11th Circuit. Northern District of Florida
    • August 10, 2015
    ...the hearing examiner's findings if the findings are supported by competent, substantial evidence. See Tedder v. Fla. Parole Comm'n, 842 So. 2d 1022, 1025 (Fla. 1st DCA 2003) (parole commission is not at liberty to reweigh the evidence considered by the hearing examiner where the examiner's ......
  • Collins v. Hendrickson, No. 8:02 CV 1438 T 27MSS.
    • United States
    • United States District Courts. 11th Circuit. United States District Court of Middle District of Florida
    • January 26, 2005
    ...requirements of law" for a court to affirm a decision of the FPC under those circumstances. Tedder v. Florida Parole Commission, 842 So.2d 1022 (Fla. 1st DCA 2003)4; see also, Mabrey v. Florida Parole Commission, 858 So.2d 1176, 1183 (Fla. 2d DCA 2003): Merritt v. Crosby, 893 So.2d 598, (Fl......
  • Brown v. McNeil, Case No. 3:05-cv-86-32TEM.
    • United States
    • United States District Courts. 11th Circuit. United States District Court of Middle District of Florida
    • May 14, 2008
    ...the examiner's findings of guilt on the cost of supervision and curfew violations. .... The instant case is distinguishable from Tedder [842 So.2d 1022 (Fla. 1st DCA 2003) ], because the Commission did not reweigh evidence and draw a different conclusion. The Commission found, just as the p......
  • Department of Highway Safety v. Roberts, No. 5D05-3001.
    • United States
    • Court of Appeal of Florida (US)
    • March 24, 2006
    ...to "`a violation of a clearly established principle of law resulting in a miscarriage of justice.'" Tedder v. Florida Parole Comm'n, 842 So.2d 1022, 1024 (Fla. 1st DCA 2003) (quoting Combs v. State, 436 So.2d 93, 96 (Fla.1983)); see also Allstate Ins. Co. v. Kaklamanos, 843 So.2d 885 (Fla.2......
  • Request a trial to view additional results

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