Legal Opinion

Crews v. Malara

District Court of Appeal of Florida

Decided October 11, 2013No. 1D13-0673PublishedCited by 6 opinions

1Per curiam

This petition for writ of certiorari seeks review of an order of the circuit court which granted a petition for writ of mandamus which challenged a prison disciplinary action. We grant the petition.

Inmate Malara exhausted his administrative remedies as to a prison disciplinary action. His final appeal to the Secretary of the Department of Corrections (DOC) was denied and filed with the agency clerk on March 5, 2010. Malara filed a petition for writ of mandamus in the circuit court which had a service date of April 5, 2010. This would have been within the 30-day time limit of section 95.11(8),…

2Cases cited5 opinions

  1. Houston v. LackSupreme Court of the United States · 1988
  2. Haag v. StateSupreme Court of Florida · 1992
  3. Thompson v. StateSupreme Court of Florida · 2000
  4. Whitfield v. Department of CorrectionsDistrict Court of Appeal of Florida · 2013
  5. Hale v. McDonoughDistrict Court of Appeal of Florida · 2007

3Cited by6 opinions

  1. Roberto Rivera, M. D. v. Department of HealthDistrict Court of Appeal of Florida · 2015
  2. Daily v. SolowayDistrict Court of Appeal of Florida · 2013
  3. Donald Waters v. Department of CorrectionsDistrict Court of Appeal of Florida · 2014
  4. Conraad L. Hoever v. Fla. Dept. of CorrectionsDistrict Court of Appeal of Florida · 2015
  5. Hatcher v. Secretary, Department of CorrectionsDistrict Court, M.D. Florida · 2019

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