Barry McIntosh vs Mark S. Inch, Secretary, Department of Corrections

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FIRST DISTRICT COURT OF APPEAL STATE OF FLORIDA _____________________________ No. 1D20-599 _____________________________ BARRY MCINTOSH, Petitioner, v. MARK S. INCH, Secretary, Department of Corrections, Respondent. _____________________________ Petition for Writ of Certiorari—Original Jurisdiction. September 22, 2021 PER CURIAM. The Court denies the petition for writ of certiorari 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, MAKAR, and BILBREY, JJ., concur. _____________________________ Not final until disposition of any timely and authorized motion under Fla. R. App. P. 9.330 or 9.331. _____________________________ Barry McIntosh, pro se, Petitioner. Ashley Moody, Attorney General, and Gecelyne S. Dixon, Assistant Attorney General, Tallahassee, for Respondent. 2

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