From Casetext: Smarter Legal Research

Green v. Moore

District Court of Appeal of Florida, First District
Dec 22, 2000
777 So. 2d 425 (Fla. Dist. Ct. App. 2000)

Summary

holding that although this Court's review of a circuit court's order regarding a prisoner disciplinary proceeding is properly by certiorari where the circuit court reviewed the Department's decision on the merits, where the circuit court proceeding is concluded on grounds other than the merits, the order may be appealed

Summary of this case from Lopez v. McDonough

Opinion

No. 1D00-2812.

Opinion filed December 22, 2000.

An appeal from an order of the Circuit Court for Bradford County, Elzie S. Sanders, Judge.

Reversed.

Eric Green, pro se, appellant.

Robert A. Butterworth, Attorney General, and Joy A. Stubbs, Assistant Attorney General, Tallahassee, for appellee.


The Florida Department of Corrections imposed a disciplinary sanction against Eric Green. After exhausting his administrative grievances he filed a petition for writ of mandamus in the Circuit Court for Bradford County. The circuit court treated the mandamus petition as a petition for a writ of certiorari and denied it as untimely. Green timely petitioned this court for a writ of certiorari to review the circuit court's order. The department moves to relinquish jurisdiction, noting that the circuit court petition was apparently filed within 30 days of denial of Green's last administrative grievance.

As an initial matter, we note that Green's selection of mandamus as his circuit court remedy was correct. See Williams v. James, 684 So.2d 868 (Fla. 2d DCA 1996). The conversion of the petition from mandamus to certiorari was therefore unnecessary. This error had no bearing on these proceedings, however, as both remedies are subject to a 30 day jurisdictional time limit. See Fla.R.App.P. 9.100(c)(1) and Fla. R. Civ. P. 1.630(c) (certiorari); § 95.11(8), Fla. Stat. (2000) (actions challenging prisoner disciplinary proceedings).

Second, we hold that an appeal, rather than certiorari, is the proper method to review the circuit court's decision in this circumstance. InSheley v. Florida Parole Commission, 703 So.2d 1202 (Fla. 1st DCA 1997),approved, 720 So.2d 216 (Fla. 1998), it was determined that review of a circuit court order regarding a prisoner disciplinary matter was properly by certiorari in the district court because the petitioner had already been afforded a review of the department's decision on the merits in circuit court. Where, as here, however, the circuit court proceeding is concluded on grounds other than the merits, the order may be appealed. We therefore sua sponte treat this proceeding as an appeal from the circuit court's order. Fla.R.App.P. 9.040(c).

Finally, we find that a disposition more appropriate than relinquishment of jurisdiction is to reverse and remand the case to the circuit court for further proceedings. Cf. Wrisper v. Florida Department of Corrections, 765 So.2d 295 (Fla. 1st DCA 2000) (reversing where appellee moved to relinquish jurisdiction because the statute on which the circuit court relied to dispose of case had been declared unconstitutional).

Lawrence, Davis and Van Nortwick, JJ., Concur.


Summaries of

Green v. Moore

District Court of Appeal of Florida, First District
Dec 22, 2000
777 So. 2d 425 (Fla. Dist. Ct. App. 2000)

holding that although this Court's review of a circuit court's order regarding a prisoner disciplinary proceeding is properly by certiorari where the circuit court reviewed the Department's decision on the merits, where the circuit court proceeding is concluded on grounds other than the merits, the order may be appealed

Summary of this case from Lopez v. McDonough

holding that when a prisoner seeks review of an administrative action related to his incarceration and the circuit court decides the prisoner's petition on grounds other than the merits, an appeal is the proper avenue of review by the district court

Summary of this case from Roth v. Crosby

holding that an appeal, rather than certiorari, is the proper method to review the circuit court's denial of an inmate's petition for writ of mandamus where the proceeding is concluded on grounds other than the merits

Summary of this case from Burgess v. Crosby

distinguishing order decided on the merits from orders decided on grounds other than the merits

Summary of this case from Thomas v. Florida Parole Com'n

explaining that "review of a circuit court order regarding a prisoner disciplinary matter [i]s properly by certiorari;" however, when "the circuit court proceeding is concluded on grounds other than the merits," "the proper method to review the circuit court's decision" is by appeal, rather than certiorari

Summary of this case from Terry v. McDonough
Case details for

Green v. Moore

Case Details

Full title:ERIC GREEN, Appellant, v. MICHAEL W. MOORE, Secretary, Florida Department…

Court:District Court of Appeal of Florida, First District

Date published: Dec 22, 2000

Citations

777 So. 2d 425 (Fla. Dist. Ct. App. 2000)

Citing Cases

Coto v. Fla. Comm'n on Offender Review

Mario Coto challenges the circuit court’s denial of his petition for a writ of mandamus. Treating the…

Thomas v. McNeil

PER CURIAM. Because the petition filed below was dismissed on procedural grounds, this case is hereby…