Florida District Courts of Appeal, 2011

Van Poyck v. State

Florida District Courts of Appeal · Decided February 2, 2011 · Gersten, Lagoa, Ramirez

54 So. 3d 567; 2011 Fla. App. LEXIS 1018; 2011 WL 409071 (Southern Reporter, Third Series)

Cases that cite this one

1 later published case cites this decision.

Scotty Bartek v. State (Fla. Dist. Ct. App. 2016)

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 of the Court

PER CURIAM.

This is an appeal of an order denying a “Petition Seeking Compensation for Wrongful Incarceration.” The trial court dismissed the petition stating that Jeffrey H. Van Poyck had to initiate the application process for compensation with the Department of Legal Affairs pursuant to section 961.06(2). Thus, the petition was filed in the wrong jurisdiction. However, before such a petition may be filed, the petitioner must first establish that he was a “wrongfully incarcerated person” by filing a petition “with the original sentencing court” pursuant to section 961.03. Although the caption of the petition improperly delineated the relief sought, in the “wherefore” clause, Van Poyck properly requested a finding of whether he was a “wrongfully incarcerated person.” We therefore reverse and remand for the trial court to make such a determination.

Reversed and remanded.

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