FRANK BASS, APPELLANT,
v.
THE FLORIDA DEPARTMENT OF CORRECTIONS, APPELLEE

Fla. 1st DCA | 1991-03-13
No. 90-2204
BOOTH and WIGGINTON, JJ., concur.
575 So. 2d 810 Florida District Court of Appeal, First District (1991) Positive Treatment
Cited by 10 cases
Topics
Appellate Review

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Opinion of the Court
SMITH, Judge.

SMITH, Judge.

Appellant appeals an order of the Director of the Division of Administrative Hearings dismissing his petition challenging certain administrative rules without assigning a hearing officer. See § 120.56(2), Fla.Stat. (1989). We find that the order appealed is unclear as to the grounds for the director’s dismissal of the petition, and that meaningful appellate review is thereby precluded. Accordingly, we reverse the order appealed, and remand either for entry of an order stating with specificity grounds warranting dismissal of appellant’s petition, or for further proceedings on the petition pursuant to section 120.56(2). See, Ramadanovic v. Department of Corrections, Case No. 90-2257, — So. 2d - (Fla. 1st DCA, Feb. 22, 1991).

REVERSED and REMANDED with directions.

BOOTH and WIGGINTON, JJ., concur.

Cases With Similar Vibessemantic neighbors from the corpus

Citator

Cited By

  • van Poyck v. Fla. Dep't OF Corr., 580 So. 2d 319 (Fla. 1st DCA 1991)
    …s dismissing, under section 120.56(2), Florida Statutes (1989), his petition challenging Department of Corrections rules relating to inmate confinement. A nearly identical order was reversed and remanded in Bass v. Florida Department of Corrections, 575 So. 2d 810 (Fla. 1st DCA 1991), involving challenges to the same rules, because appellate review was precluded by the fact that the order was unclear as to the grounds for the dismissal. In Bass, we relied upon Ramadanovic v. State, 575 So. 2d 1333 (Fla. 1st…
  • Bowe v. Fla. Dep't OF Corr., 582 So. 2d 92 (Fla. 1st DCA 1991)
    …rings dismissing, under section 120.56(2), Florida Statutes (1989), his petition challenging Department of Corrections rules relating to inmate confinement. A very similar order was reversed and remanded in Bass v. Florida Department of Corrections, 575 So. 2d 810 (Fla. 1st DCA 1991), involving challenge to the same rules, because appellate review was precluded by the fact that the order was unclear as to the grounds for the dismissal. In Bass, we relied upon Ramadanovic v. Florida Department of Corrections…
  • Boudreaux v. Dep't OF Corr., 582 So. 2d 763 (Fla. 1st DCA 1991)
    …PER CURIAM. REVERSED. Ramadanovic v. Department of Corrections, 575 So. 2d 1333 (Fla. 1st DCA 1991); Bass v. Florida Department of Corrections, 575 So. 2d 810 (Fla. 1st DCA 1991). BOOTH, NIMMONS and KAHN, JJ., concur.…

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