Taylor v. Bigham

District Court of Appeal of Florida

Taylor v. Bigham

543 So. 2d 884, 14 Fla. L. Weekly 1347, 1989 Fla. App. LEXIS 3095, 1989 WL 57877

CourtDistrict Court of Appeal of Florida

DecidedJune 2, 1989

DocketNo. 88-1900

StatusPublished

This text of 543 So. 2d 884 (Taylor v. Bigham) 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

Taylor v. Bigham, 543 So. 2d 884, 14 Fla. L. Weekly 1347, 1989 Fla. App. LEXIS 3095, 1989 WL 57877 (Fla. Ct. App. 1989).

Pincite

Opinion

PER CURIAM.

Appellant, an inmate at Florida State Prison, appeals the summary dismissal of his petition for a writ of habeas corpus. Appellant’s petition alleges that the Department of Corrections placed him in administrative confinement without according him the procedural safeguards required by the Department’s own rules. This, appellant argues, constituted a violation of his due process rights.

[885]*885Because appellant’s petition states a claim upon which relief could be granted, the trial court erred in dismissing it without an evidentiary hearing. See Rahming v. Bigham, 539 So.2d 10 (Fla. 1st DCA 1989).

On remand, the trial court is instructed to grant an evidentiary hearing in accordance with Rahming, supra.

REVERSED and REMANDED with instructions for further proceedings.

NIMMONS, BARFIELD and MINER, JJ., concur.

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