Florida District Courts of Appeal, 2002

Gorman v. Florida Parole Commission

Gorman v. Florida Parole Commission
Florida District Courts of Appeal · Decided May 22, 2002 · Barfield, Benton, Webster
817 So. 2d 940; 2002 Fla. App. LEXIS 6871; 2002 WL 1022113 (Southern Reporter, Second Series)

Gorman v. Florida Parole Commission

Opinion of the Court

PER CURIAM.

Appellant, an inmate of the state correctional system, seeks review of an order dismissing a pleading titled a petition for writ of habeas corpus for failure to pay the filing fee. The trial court found that the petition did not allege entitlement to immediate release from incarceration and, accordingly, treated it as seeking mandamus rather than habeas corpus. While the petition is far from a model of clarity, it appears to us that appellant has alleged that he is entitled to immediate release because, according to him, had his period of control release supervision been properly calculated, it would have terminated before issuance of the control release supervision retake order and arrest warrant. Accordingly, we conclude that the petition should be treated as one seeking habeas corpus. Because petitions seeking habeas corpus are constitutionally exempt from all court costs and filing fees pursuant to article I, section 13, of the Florida Constitution, we reverse and remand with directions that the trial court reinstate appellant’s petition.

*941REVERSED and REMANDED, with directions.

BARFIELD, WEBSTER and BENTON, JJ., concur.

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