Butler v. McNeil

District Court of Appeal of Florida

Butler v. McNeil

30 So. 3d 638, 2010 Fla. App. LEXIS 3365, 35 Fla. L. Weekly Fed. D 595

District Court of Appeal of Florida·Decided March 17, 2010·No. 1D09-4121·Published·Cited by 1 cases

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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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.

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

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