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Butler v. McNeil

30 So. 3d 638, 2010 Fla. App. LEXIS 3365, 35 Fla. L. Weekly Fed. D 595
CourtDistrict Court of Appeal of Florida
DecidedMarch 17, 2010
Docket1D09-4121
StatusPublished
Cited by1 cases

This text of 30 So. 3d 638 (Butler v. McNeil) is published on Counsel Stack Legal Research, covering District Court of Appeal of Florida primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Butler v. McNeil, 30 So. 3d 638, 2010 Fla. App. LEXIS 3365, 35 Fla. L. Weekly Fed. D 595 (Fla. Ct. App. 2010).

Opinion

PER CURIAM.

Joshua Leon Butler appeals an order of the circuit court dismissing his mandamus claim. In the circuit court, Butler sought and was granted leave to amend his petition. The circuit court’s subsequent dismissal order reflects its belief that Butler failed to file an amended petition within the time allotted, but it appears that the circuit court’s conclusion in this regard was a product of oversight or mistake. In fact, the record discloses that Butler did timely file an amended petition. Accordingly, the order dismissing his claim below is reversed, and the matter is remanded for further proceedings.

BENTON, VAN NORTWICK, and CLARK, JJ., concur.

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Related

McClain v. Florida Parole Commission
30 So. 3d 638 (District Court of Appeal of Florida, 2010)

Cite This Page — Counsel Stack

Bluebook (online)
30 So. 3d 638, 2010 Fla. App. LEXIS 3365, 35 Fla. L. Weekly Fed. D 595, Counsel Stack Legal Research, https://law.counselstack.com/opinion/butler-v-mcneil-fladistctapp-2010.