Miller v. Department of Corrections

District Court of Appeal of Florida

Miller v. Department of Corrections

172 So. 3d 574, 2015 Fla. App. LEXIS 12825, 2015 WL 5039118

District Court of Appeal of Florida·Decided August 27, 2015·No. No. 1D14-5712·Published·Cited by 2 cases

Opinion

PER CURIAM.

The trial court dismissed appellant’s petition for writ of mandamus on exhaustion grounds. But the petition alleged he had “exhausted all available avenues of administrative review via the inmate grievance procedure,” and appellant asserts that his exhaustion of administrative remedies is reflected in “inmate appeal grievance log number 13-6-15500.” Accordingly, we reverse the order of dismissal and remand for further proceedings.

Reversed and remanded.

BENTON, MARSTILLER, and OSTERHAUS, JJ., concur.

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PER CURIAM.

The trial court dismissed appellant’s petition for writ of mandamus on exhaustion grounds. But the petition alleged he had “exhausted all available avenues of administrative review via the inmate grievance procedure,” and appellant asserts that his exhaustion of administrative remedies is reflected in “inmate appeal grievance log number 13-6-15500.” Accordingly, we reverse the order of dismissal and remand for further proceedings.

Reversed and remanded.

BENTON, MARSTILLER, and OSTERHAUS, JJ., concur.

Miller v. Department of Corrections, 172 So. 3d 574, 2015 Fla. App. LEXIS 12825, 2015 WL 5039118 (Fla. Ct. App. 2015).

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Opinion

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