CHARLES W. BOWE, JR., APPELLANT,
v.
FLORIDA DEPARTMENT OF CORRECTIONS, APPELLEE

Fla. 1st DCA | 1991-06-26
No. 90-2179
SMITH, JOANOS and BARFIELD, JJ„ concur.
582 So. 2d 92 Florida District Court of Appeal, First District (1991)

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Holding

The court held that the order dismissing the petition was deficient because it did not state specific grounds for dismissal.


Facts & Procedural History

Bowe appealed an order dismissing his petition challenging Department of Corrections rules. The dismissal order was unclear as to its grounds.…

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Opinion of the Court
PER CURIAM.

PER CURIAM.

Bowe appeals an order of the Director of the Division of Administrative Hearings 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, 575 So. 2d 1333 (Fla. 1st DCA 1991), involving challenges to rules relating to inmate access to legal materials, in which we reversed a similar order and remanded for entry of an order stating with specificity grounds warranting dismissal of the petition, or for further proceedings on the petition pursuant to 120.56(2).

Finding this order similarly deficient, we REVERSE and REMAND with the same instructions as in Bass and Ramadanovic. See also Van Poyck v. Department of Corrections, 579 So. 2d 346 (Fla. 1st DCA 1991); Ramadanovic v. Department of Corrections, 579 So. 2d 332 (Fla. 1st DCA 1991).

SMITH, JOANOS and BARFIELD, JJ„ concur.


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