Opinion
CASE NO.: SC12-1977 Lower Tribunal No.: 00-7708CF10A Lower Tribunal No.: 99-7357CF10A Lower Tribunal No.: 99-1540CF10A
01-02-2013
GARY MALONE Petitioner(s) v. STATE OF FLORIDA Respondent(s)
The petition for writ of mandamus is hereby denied as successive. See Jenkins v. Wainwright, 322 So. 2d 477, 478 (Fla. 1975) (declaring that once a petitioner seeks relief in a particular court by means of a petition for extraordinary writ, he has picked his forum and is not entitled to a second or third opportunity for the same relief by the same writ in a different court). PARIENTE, LEWIS, CANADY, LABARGA, and PERRY, JJ., concur. A True Copy
Test:
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Thomas D. Hall
Clerk, Supreme Court
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Served:
GARY MALONE
HON. PAMELA JO BONDI
HON. HOWARD FORMAN, CLERK