Richard A. Pate v. Mark Inch, Secretary, Florida Dep't. of Corrections

FIRST DISTRICT COURT OF APPEAL STATE OF FLORIDA _____________________________ No. 1D21-1493 _____________________________ RICHARD A. PATE, Petitioner, v. MARK INCH, Secretary, Florida Dep’t. of Corrections, Respondent. _____________________________ Petition for Writ of Prohibition—Original Jurisdiction. August 17, 2021 PER CURIAM. The Court denies the petition for writ of prohibition on the merits. See Topps v. State, 865 So. 2d 1253, 1258 (Fla. 2004) (explaining that a decision on an extraordinary writ petition that “clearly shows that the issue was considered by the court on the merits” is deemed a decision “which would later bar the litigant from presenting the issue under the doctrines of res judicata or collateral estoppel”). LEWIS, OSTERHAUS, and KELSEY, JJ., concur.  _____________________________ Not final until disposition of any timely and authorized motion under Fla. R. App. P. 9.330 or 9.331. _____________________________ Richard A. Pate, pro se, Petitioner. Lance Eric Neff, General Counsel, Department of Corrections, Tallahassee, for Respondent. 2