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Singletary v. Powell

District Court of Appeal of Florida, First District
Jun 25, 1992
602 So. 2d 969 (Fla. Dist. Ct. App. 1992)

Opinion

No. 91-1888.

June 25, 1992.

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) (state entitled to assert common law venue privilege in connection with pleading that effectively requested mandamus relief); Bronson v. Florida Parole Probation Comm'n, 474 So.2d 409 (Fla. 1st DCA 1985) (petition for writ of habeas corpus seeking credit for time served on parole should be treated as one for writ of mandamus). The trial court's order transferring venue to Hendry County is therefore REVERSED and the case is REMANDED for further proceedings.

SMITH and KAHN, JJ., concur.


Summaries of

Singletary v. Powell

District Court of Appeal of Florida, First District
Jun 25, 1992
602 So. 2d 969 (Fla. Dist. Ct. App. 1992)
Case details for

Singletary v. Powell

Case Details

Full title:HARRY K. SINGLETARY, JR., SECRETARY, DEPARTMENT OF CORRECTIONS…

Court:District Court of Appeal of Florida, First District

Date published: Jun 25, 1992

Citations

602 So. 2d 969 (Fla. Dist. Ct. App. 1992)

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