Avery v. Dep't of Corrs.

Full title: Arthur L. Avery, Petitioner, v. Department of Corrections, Respondent.

Court: Florida Court of Appeals, First District

Date published: Jan 26, 2022

No. 1D20-2729 (Fla. Dist. Ct. App. Jan. 26, 2022)

Opinion

1D20-2729

01-26-2022

Arthur L. Avery, Petitioner, v. Department of Corrections, Respondent.

Arthur L. Avery, pro se, Petitioner. Lance Eric Neff, General Counsel, and Beverly Brewster, Assistant General Counsel, Florida Department of Corrections, Tallahassee, for Respondent.

PER CURIAM.

Not final until disposition of any timely and authorized motion under Fla. R. App. P. 9.330 or 9.331.

Petition for Writ of Certiorari-Original Jurisdiction.

Arthur L. Avery, pro se, Petitioner.

Lance Eric Neff, General Counsel, and Beverly Brewster, Assistant General Counsel, Florida Department of Corrections, Tallahassee, for Respondent.

PER CURIAM.

The Court denies the petition for writ of certiorari on the merits. See Topps v. State, 865 So.2d 1253, 1258 (Fla. 2004) (explaining that a decision on an extraordinary writ petition that "clearly shows that the issue was considered by the court on the merits" is deemed a decision "which would later bar the litigant from presenting the issue under the doctrines of res judicata or collateral estoppel").

Roberts, Ray, and Bilbrey, JJ., concur.