Summary
In Swain v. Fla. Parole Comm'n, 776 So.2d 1079 (Fla. 4th DCA 2001), the court similarly viewed Williams as creating a requirement that the circuit court must review the material portions of an inmate's file before determining whether FPC abused its discretion.
Summary of this case from Howard v. Florida Parloe Com'nOpinion
No. 4D00-2478.
Opinion filed February 7, 2001.
Petition for writ of certiorari to the Circuit Court for the Fifteenth Judicial Circuit, Palm Beach County; Thomas H. Barkdull, III, Judge; L.T. Case No. CL00-2039AJ.
Petition Granted; Cause Remanded.
Michael Swain, South Bay, pro se.
Bradley R. Bischoff, Assistant General Counsel, Tallahassee, for respondent.
We grant the petition for writ of certiorari. The Florida Parole Commission did not provide "accurate and complete information" to the circuit court that reviewed the petitioner's writ of mandamus contrary to the statutes and rules governing the commission. See Williams v. Florida Parole Comm'n, 625 So.2d 926, 940 (Fla. 1st DCA 1993). In denying the petition for writ of mandamus without full and accurate information, the circuit court departed from the essential requirements of law and violated the petitioner's procedural due process rights. We remand for the Florida Parole Commission to supplement its response to the petition for writ of mandamus with all documents in the petitioner's complete official file and direct the circuit court to reconsider the petitioner's request for mandamus relief.
WARNER, C.J., GUNTHER and GROSS, JJ., Concur.