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
