Upson v. Tucker
This text of 85 So. 3d 1189 (Upson v. Tucker) 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.
Opinion
Willie D. Upson petitions for certiorari review of an order of the circuit court dismissing his petition for writ of mandamus. We agree with petitioner that the circuit court departed from the essential requirements of law when it dismissed his petition without affording him the opportunity to reply to the Department of Corrections’ response, which raised for the first time the issue on which the circuit court based its dismissal order. See Bard v. Wolson, 687 So.2d 254 (Fla. 1st DCA 1996). Accordingly, the petition for writ of certiorari is GRANTED, the order dismissing Upson’s petition is QUASHED, and the matter is REMANDED for reconsideration in light of petitioner’s reply.
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Cite This Page — Counsel Stack
85 So. 3d 1189, 2012 WL 1393547, 2012 Fla. App. LEXIS 6316, Counsel Stack Legal Research, https://law.counselstack.com/opinion/upson-v-tucker-fladistctapp-2012.