Kelley v. McNeil
Cases that cite this one
1 later published case cites this decision.
- McPherson v. CITIZENS PROPERTY INSURANCE CORPORATION (Fla. Dist. Ct. App. 2008)
This list shows which later cases cite this one. It does not say how they treated it, and no review of that has been done. Not a substitute for Shepard’s or KeyCite — verify before relying.
Opinion
Joseph KELLEY, Appellant,
v.
Walter A. McNEIL, Secretary, Florida Department of Corrections, Appellee.
District Court of Appeal of Florida, First District.
Joseph Kelley, pro se, for Appellant.
Sarah J. Rumph, Assistant General Counsel, Tallahassee, for Appellee.
PER CURIAM.
Appellant seeks review of an order of the circuit court which denied his habeas corpus petition as time-barred under section 95.11(5)(f), Florida Statutes. In light of this court's decision in Martin v. Florida Parole Commission, 951 So.2d 84 (Fla. 1st DCA 2007), we reverse and remand for further proceedings. We decline to employ the "tipsy coachman" rule as suggested by the Florida Parole Commission. See Bryant v. Fla. Parole Comm'n, 965 So.2d 825 (Fla. 1st DCA 2007).
REVERSED and REMANDED for further proceedings.
BROWNING, C.J., WOLF and WEBSTER, JJ., concur.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.