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McNeil v. Bailey

Citations: 50 So. 3d 109; 2010 Fla. App. LEXIS 19944; 2010 WL 5557088Docket: No. 1D10-3602

Court: District Court of Appeal of Florida; December 20, 2010; Florida; State Appellate Court

Narrative Opinion Summary

Appellant challenges the trial court's order that sua sponte transferred Appellee John Bailey's petition for a writ of mandamus to the circuit court in Charlotte County, where he was incarcerated. Both parties agree that venue is correctly in Leon County, as the petition contests prison disciplinary actions. The petition specifically addresses four disciplinary reports, making Leon County, where the Department of Corrections is located, the appropriate venue according to precedent. Although the petition might be interpreted as contesting Appellee's close management status, that issue is moot due to his transfer back to the general population. The appellate court reverses the trial court's order and remands the case for consideration of the claims related to the disciplinary reports. The decision is made with concurrence from Chief Judge Benton and Judges Davis and Thomas.

Legal Issues Addressed

Mootness of Claims Regarding Close Management Status

Application: The appellate court finds that any issues related to the Appellee's close management status are moot because he has been transferred back to the general population.

Reasoning: Although the petition might be interpreted as contesting Appellee's close management status, that issue is moot due to his transfer back to the general population.

Reversal and Remand for Consideration of Claims

Application: The appellate court reverses the trial court's order and remands the case for further consideration of claims specifically related to the disciplinary reports.

Reasoning: The appellate court reverses the trial court's order and remands the case for consideration of the claims related to the disciplinary reports.

Venue Appropriateness for Prison Disciplinary Actions

Application: The appellate court determines that the correct venue for the petition contesting prison disciplinary actions is Leon County, where the Department of Corrections is located, based on established precedent.

Reasoning: Both parties agree that venue is correctly in Leon County, as the petition contests prison disciplinary actions.