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FRANKLIN v. KEARNEY

No. 4D01-4444.

814 So.2d 462 (2001)

Barry FRANKLIN, Petitioner, v. Kathleen KEARNEY, as Secretary of the Florida Department of Children and Families, and Denny Gies, as Administrator of the North Florida Evaluation and Treatment Center, and the State of Florida, Respondents.

District Court of Appeal of Florida, Fourth District.

December 3, 2001.

Attorney(s) appearing for the Case

Gary Kollin of Gary Kollin, P.A., Fort Lauderdale, for petitioner.

Robert A. Butterworth, Attorney General, Tallahassee, and Richard Valuntas, Assistant Attorney General, West Palm Beach, for respondents.

PER CURIAM.

Petitioner seeks mandamus relief from an amended order of the Broward County circuit court, transferring his petition for writ of habeas corpus to the Alachua County circuit court. We grant the petition, quash the order, and direct the Broward County circuit court to exercise jurisdiction over the habeas petition.

The Broward circuit court's transfer was based on its conclusion that it lacked jurisdiction because Petitioner is being detained in...

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