Legal Opinion · Concurrence

Cole v. State

District Court of Appeal of Florida

Decided February 28, 2007No. 1D05-5481Published

1Concurrence

ERVIN, III, RICHARD W., Senior Judge.,

concurring.

Inmate William Chester Cole seeks review of an order dismissing his petition for writ of mandamus challenging the Department of Corrections’s calculation of gain time credits applied to his sentences. Relying on Kalway v. Singletary, 708 So.2d 267 (Fla.1998), which had held that a petition for extraordinary relief must be filed within 30 days from the time that administrative remedies are exhausted, the lower court dismissed the petition as time-barred, noting that Cole had previously filed a petition for the same relief in the Leon County…

2Cases cited2 opinions

  1. Burgess v. CrosbyDistrict Court of Appeal of Florida · 2004
  2. Kalway v. SingletarySupreme Court of Florida · 1998

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