Thomas v. Florida Department of Corrections

881 So. 2d 1188, 2004 Fla. App. LEXIS 13326, 2004 WL 1969569
District Court of Appeal of Florida·Decided September 8, 2004·No. No. 1D03-3400·Published

Opinion

PER CURIAM.

The circuit court should have considered appellant’s Motion for Reconsideration as a Motion to Amend the Petition for Writ of Mandamus. Given that the motion set forth additional facts that refuted the factual conclusions reached by the court in denying the Petition for Writ of Mandamus, such motion should have been granted. See Cason v. Fla. Parole Comm’n, 819 So.2d 1012, 1013 (Fla. 1st DCA 2002); Hall v. Key, 476 So.2d 787, 789 (Fla. 1st DCA 1985). REVERSED and REMANDED for further proceedings.

ERVIN, BOOTH, and KAHN, JJ., concur.

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Thomas v. Florida Department of Corrections, 881 So. 2d 1188, 2004 Fla. App. LEXIS 13326, 2004 WL 1969569 (Fla. Ct. App. 2004).

881 So. 2d 1188 (Thomas v. Florida Department of Corrections) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.

Related

Hall v. Key
476 So. 2d 787 (District Court of Appeal of Florida, 1985)
Cason v. FLORIDA PAROLE COM'N
819 So. 2d 1012 (District Court of Appeal of Florida, 2002)