Opinion
Case No. 6D23-392
06-09-2023
Vincente Carbajal BRAVO, Appellant, v. STATE of Florida, Appellee.
Vincente Carbajal Bravo, Avon Park, pro se. Ashley Moody, Attorney General, Tallahassee, and Lydon W. Schultz, Assistant Attorney General, Tampa, for Appellee.
Melissa Gravitt, Judge. Appeal from the Circuit Court for Polk County. Lower Tribunal No. CF01-004289-XX
Vincente Carbajal Bravo, Avon Park, pro se.
Ashley Moody, Attorney General, Tallahassee, and Lydon W. Schultz, Assistant Attorney General, Tampa, for Appellee.
STARGEL, J.
Vincente Carbajal Bravo appeals the trial court’s order converting his "Motion for Declaratory and Injunctive Relief" to a petition for writ of mandamus and transferring it to the civil division in Highlands County. Bravo’s motion seeks an order requiring the Polk County Clerk of Court to provide copying and certification costs in connection with a request for judicial records from his criminal case. We reverse the transfer of venue but affirm the order in all other respects. As the State appropriately concedes, the trial court erred by transferring the matter to Highlands County. See Bush v. State, 945 So. 2d 1207, 1212 (Fla. 2006) (recognizing that mandamus petitions are subject to the general venue rules, including "home venue privilege," which provides that "venue in civil actions brought against the state or one of its agencies or subdivisions, absent waiver or exception, properly lies in the county where the state, agency, or subdivision, maintains it principal headquarters" (quoting Carlile v. Game & Fresh Water Fish Comm’n, 354 So. 2d 362, 363-64 (Fla. 1977))). Accordingly, we reverse that portion of the trial court’s order and remand for further proceedings consistent with this opinion.
This case was transferred from the Second District Court of Appeal to this Court on January 1, 2023.
Bravo did not challenge any other finding or ruling in the order.
AFFIRMED in part, REVERSED in part, and REMANDED.
NARDELLA and WHITE, JJ., concur.