Pate v. Inch

Full title: Richard A. Pate, Petitioner, v. Mark Inch, Secretary, Florida Dep't. of…

Court: Florida Court of Appeals, First District

Date published: Aug 17, 2021

No. 1D21-1493 (Fla. Dist. Ct. App. Aug. 17, 2021)

Opinion

1D21-1493

08-17-2021

Richard A. Pate, Petitioner, v. Mark Inch, Secretary, Florida Dep't. of Corrections, Respondent.

Richard A. Pate, pro se, Petitioner. Lance Eric Neff, General Counsel, 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 Prohibition-Original Jurisdiction

Richard A. Pate, pro se, Petitioner.

Lance Eric Neff, General Counsel, Department of Corrections, Tallahassee, for Respondent.

PER CURIAM.

The Court denies the petition for writ of prohibition 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").

LEWIS, OSTERHAUS, and KELSEY, JJ., concur.