Mora v. McDonough

Appellant seeks review of the denial of his petition for writ of mandamus on two grounds: procedural, for failure to exhaust administrative remedies; and substantive, for lack of merit to his claim of double jeopardy. Because the mandamus petition challenges a quasi-judicial ruling that was partially on procedural grounds and partially on the merits, it proceeds as an appeal, although this panel is free to apply the certiorari standard to its review of the merits ruling. See Whisner v. Moore, 825 So.2d 420 (Fla. 1st DCA 2002).

The record shows that Appellant did not exhaust his administrative…