WEAVER v. McNEIL

No. 1D09-4174.

42 So.3d 805 (2010)

Terry WEAVER, Appellant, v. Walter A. McNEIL, Secretary, Florida Department of Corrections, Appellee.

District Court of Appeal of Florida, First District.

Rehearing Denied July 29, 2010.


Attorney(s) appearing for the Case

Terry Weaver , pro se, Appellant.

Bill McCollum , Attorney General; Kathleen VonHoene , General Counsel, and Beverly Brewster, Tallahassee, for Appellee.


PER CURIAM.

The appellant, Terry Weaver, appeals the circuit court's dismissal of his petition for writ of mandamus on the grounds of res judicata. The appellant's petition sought to compel the Department of Corrections (Department) to apply the basic gain time from all of his uncompleted sentences and the earned gain time to which he is entitled since his return to custody to his current sentences.

The doctrine of res judicata bars subsequent actions between...

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