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McNEIL v. DAVIS

No. 1D10-3148.

46 So.3d 1136 (2010)

Walter A. McNEIL, Secretary, Florida Department of Corrections, Appellant, v. Kern DAVIS, Appellee.

District Court of Appeal of Florida, First District.

October 29, 2010.

Attorney(s) appearing for the Case

Bill McCollum , Attorney General and C. Ian Garland , Assistant Attorney General, Tallahassee, for Appellant.

Kern Davis , pro se, Appellee.

PER CURIAM.

Appellant seeks review of the trial court's sua sponte order transferring Davis' petition for writ of mandamus to the circuit court in Columbia County where Davis is currently incarcerated. Appellant contends that venue was proper in Leon County because the petition challenges a prison disciplinary action. Davis concedes that the trial court erred in transferring the petition. We reverse.

In his petition, Davis raised six claims, four of...

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