WOLACK v. PATE

No. 5D13-778.

135 So.3d 359 (2013)

Patricia G. WOLACK, Appellant, v. Tena M. PATE, In Her Official Capacity, etc., Appellee.

District Court of Appeal of Florida, Fifth District.

December 27, 2013.


Attorney(s) appearing for the Case

Patricia G. Wolack, Ocala, pro se.

Sarah J. Rumph , of Florida Parole Commission, Tallahassee, for Appellee.


EVANDER, J.

Patricia Wolack appeals from the summary dismissal of her petition for writ of habeas corpus. In her petition, Wolack challenged the Florida Parole Commission's determination of her presumptive parole release date. Although the trial court correctly determined that Wolack's claim was not appropriately raised in a habeas petition, it should have treated the petition as one seeking mandamus relief and transferred the cause to the appropriate venue.

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