BISHOP v. COONROD (2017)

Charles BISHOP, Petitioner, v. Melinda COONROD, Chair of the Florida Commission on Offender Review, Respondent.

CASE NO. 1D17–1037

Decided: December 27, 2017

Gary L. Luke and Nathan R. Ross, Orange Park, for Petitioner. Rana Wallace, General Counsel, and Mark J. Hiers, Assistant General Counsel, Tallahassee, for Respondent.

Although the lower court found Bishop's mandamus petition to be time barred under section 95.11(5)(f), Florida Statutes, we conclude that the petition was timely filed within one year of the Florida Commission on Offender Review's action on March 15, 2016. See Blue v. Fla. Comm'n on Offender Review, 201 So.3d 808 (Fla. 1st DCA 2016). However, we further conclude that the lower court afforded due process and observed the essential requirements of law when it also denied the mandamus petition on the merits. Accordingly, we deny the petition for writ of certiorari on the merits, but do so without prejudice to the Commission's considering the 2015 “corrected judgment” at Bishop's subsequent interview scheduled for 2020.

PER CURIAM.

B.L. THOMAS, C.J, and JAY and M.K. THOMAS, JJ., CONCUR.

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