2024-1093•Florida Commission on Offender Review v. Clarke
Testo completo
FIRST D ISTRICT COURT OF APPEAL S TATE OF FLORIDA _____________________________ No. 1D2024-1093 _____________________________ F LORIDA C OMMISSION ON OFFENDER R EVIEW, Appellant, v. M ELANIE C LARKE , Appellee. _____________________________ On appeal from the Circuit Court for Leon County. J. Lee Marsh, Judge. February 11, 2026 P ER C URIAM. Appellant, the Florida Commission on Offender Review (“Commission”), appeals the trial court’s order granting the petition for mandamus relief filed by Appellee, Melanie Clarke, and directing the Commission to reconsider its decision not to parole her. Because we agree with the Commission that the trial court erroneously found that it abused its discretion, we reverse the trial court’s order. See Thomas v. Fla. Parole Comm’n, 107 So. 3d 517, 518 (Fla. 1st DCA 2013) (explaining that the Commission’s decision to suspend an inmate’s presumptive parole release date and deferring the setting of an effective parole release date can be set aside by a court only for a demonstrated abuse in the Commission’s discretion); Fla. Parole Comm’n v. Huckelbury, 903
2 So. 2d 977, 978 (Fla. 1st DCA 2005) (holding that the trial court erred in directing the Parole Commission to reconsider its decision where the appellee did not show that the Commission deviated from the legal requirements imposed upon it and the record did not establish that the Commission based its decision on illegal grounds or improper considerations). R EVERSED. LEWIS, R OBERTS, and NORDBY, JJ., concur. _____________________________ Not final until disposition of any timely and authorized motion under Fla. R. App. P. 9.330 or 9.331. _____________________________ Rana Wallace, General Counsel, and Mark Hiers, Deputy General Counsel, Florida Commission on Offender Review, Tallahassee, for Appellant. John D. Middleton of Middleton & Middleton, P.A., Melrose, for Appellee.
OCR transcription; preserved printed pages are authoritative
FIRST DISTRICT COURT OF APPEAL STATE OF FLORIDA No. 1D2024-1093 FLORIDA COMMISSION ON OFFENDER REVIEW, Appellant, v. MELANIE CLARKE, Appellee. On appeal from the Circuit Court for Leon County. J. Lee Marsh, Judge. February 11, 2026 PER CURIAM. Appellant, the Florida Commission on Offender Review (“Commission”), appeals the trial court’s order granting the petition for mandamus relief filed by Appellee, Melanie Clarke, and directing the Commission to reconsider its decision not to parole her. Because we agree with the Commission that the trial court erroneously found that it abused its discretion, we reverse the trial court’s order. See Thomas v. Fla. Parole Comm’n, 107 So. 3d 517, 518 (Fla. 1st DCA 2018) (explaining that the Commission’s decision to suspend an inmate’s presumptive parole release date and deferring the setting of an effective parole release date can be set aside by a court only for a demonstrated abuse in the Commission’s discretion); Fla. Parole Comm’n v. Huckelbury, 903 So. 2d 977, 978 (Fla. 1st DCA 2005) (holding that the trial court erred in directing the Parole Commission to reconsider its decision where the appellee did not show that the Commission deviated from the legal requirements imposed upon it and the record did not establish that the Commission based its decision on illegal erounds or improper considerations). REVERSED. LEWIS, ROBERTS, and NORDBY, JJ., concur. Not final until disposition of any timely and authorized motion under Fla. R. App. P. 9.330 or 9.331. Rana Wallace, General Counsel, and Mark Hiers, Deputy General Counsel, Florida Commission on Offender Review, Tallahassee, for Appellant. John D. Middleton of Middleton & Middleton, P.A., Melrose, for Appellee.
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