Henderson v. Singletary

District Court of Appeal of Florida

Henderson v. Singletary

734 So. 2d 1060, 1998 Fla. App. LEXIS 14396, 1998 WL 821847

CourtDistrict Court of Appeal of Florida

DecidedNovember 12, 1998

DocketNo. 97-4262

StatusPublished

Cited by2 cases

This text of 734 So. 2d 1060 (Henderson v. Singletary) 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.

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Henderson v. Singletary, 734 So. 2d 1060, 1998 Fla. App. LEXIS 14396, 1998 WL 821847 (Fla. Ct. App. 1998).

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Opinion

PER CURIAM.

Lloyd Henderson seeks review of an order of the circuit court dismissing his petition for writ of mandamus for failure to comply with a certain provision of the trial court’s standard case management order in inmate proceedings. Under the facts of this case, where there is no indication that Henderson willfully disregarded the requirements of the trial court’s order, we conclude that dismissal was too harsh a sanction. See generally Carr v. Dean Steel Buildings, Inc., 619 So.2d 392 (Fla. 1st DCA 1993). Accordingly, we quash the trial court’s order dismissing Henderson’s petition, and remand for further proceedings.

BARFIELD, C.J., ALLEN and WEBSTER, JJ., concur.

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PER CURIAM.

Lloyd Henderson seeks review of an order of the circuit court dismissing his petition for writ of mandamus for failure to comply with a certain provision of the trial court’s standard case management order in inmate proceedings. Under the facts of this case, where there is no indication that Henderson willfully disregarded the requirements of the trial court’s order, we conclude that dismissal was too harsh a sanction. See generally Carr v. Dean Steel Buildings, Inc., 619 So.2d 392 (Fla. 1st DCA 1993). Accordingly, we quash the trial court’s order dismissing Henderson’s petition, and remand for further proceedings.

BARFIELD, C.J., ALLEN and WEBSTER, JJ., concur.

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734 So. 2d 1060, 1998 Fla. App. LEXIS 14396, 1998 WL 821847, Counsel Stack Legal Research, https://law.counselstack.com/opinion/henderson-v-singletary-fladistctapp-1998.

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