Montgomery v. Crosby

Willie James MONTGOMERY, Appellant, v. James V. CROSBY Jr, Secretary, Florida Department of Corrections, Appellee.

District Court of Appeal of Florida

Decided December 23, 2004.

District Court of Appeal of Florida · decided 2004-12-23

Cited by 1 later decisions — most recently May 2015

1 state decisions

Relies on 720 So. 2d 216 - Sheley v. Florida Parole Com'n · Cheatham v. Decker

Good law ✅— No negative treatment on recordhow we know

Decided 2004-12-23

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¶1Appellant, pro se.

¶2Charlie Crist, Attorney General and Louis A. Vargas, Tallahassee, for Appellee.

¶3PER CURIAM.

¶4Having considered the appellant's response to this Court's order, dated October 25, 2004, the Court finds that the proper avenue for review of the order on appeal is by Petition for Writ of Certiorari. See Sheley v. Florida Parole Commission,720 So.2d 216, 217 (Fla.1998). However, as the appellant has filed such a petition challenging the instant order in case number 1D04-3973, this case is duplicative of the proceedings in that case. Accordingly, the instant appeal is hereby DISMISSED without prejudice for the Court to consider the petition filed in case number 1D04-3973. See Cheatham v. Decker,751 So.2d 176 (Fla. 1st DCA 2000).

¶5ALLEN, DAVIS and BENTON, JJ., concur.