(Download) "Carthane v. Crosby" by Florida Court of Appeal " eBook PDF Kindle ePub Free
eBook details
- Title: Carthane v. Crosby
- Author : Florida Court of Appeal
- Release Date : January 22, 2000
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 51 KB
Description
Vincent Carthane appeals the trial courts denial of his petition for writ of habeas corpus, contending that he is entitled to immediate release from Florida State Prison based upon various statutes and rules. The trial court held, in part, that he had failed to exhaust administrative remedies. Carthane has filed dozens of grievances and appeals on various aspects of this matter, and we conclude that it would be a useless act to require him to file yet another. See, e.g., Department of Health v. Curry, 722 So. 2d 874 (Fla. 1st DCA 1998) (the doctrine of exhaustion of administrative remedies is not jurisdictional, but is based upon considerations of policy), review dismissed, 729 So. 2d 390 (Fla.), review denied, 735 So. 2d 1284 (Fla. 1999); Chatlos v. Overstreet, 124 So. 2d 1, 3 (Fla. 1960) ("A concomitant part of the doctrine of exhaustion of administrative remedies, or primary jurisdiction, is that a party will not be required to take vain and useless steps in the expenditure of this administrative remedy in order to perfect the right to seek judicial redress."). The Florida State Prison has no greater expertise than this court in deciphering Carthanes argument, which is based solely upon his interpretation of statutes and rules. Because his arguments are meritless, we affirm.
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