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McNEIL v. BAILEY

No. 1D10-3602.

50 So.3d 109 (2010)

Walter A. McNEIL, Secretary, Florida Department of Corrections, Appellant, v. John BAILEY, Appellee.

District Court of Appeal of Florida, First District.

December 21, 2010.

Attorney(s) appearing for the Case

Bill McCollum , Attorney General, and Maricruz Rahaman , Assistant Attorney General, Tallahassee, for Appellant.

Bernard F. Daley, Jr. , Tallahassee, for Appellee.

PER CURIAM.

Appellant seeks review of the trial court's sua sponte order transferring Appellee's, John Bailey's, petition for writ of mandamus to the circuit court in Charlotte County where Appellee was incarcerated. Appellant contends, and Appellee concedes, that venue properly lies in Leon County because the petition challenged prison disciplinary action. Because the purpose of Appellee's petition was to challenge four disciplinary reports, venue was proper in Leon...

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