GEORGE B. CRIDLAND, APPELLANT,
v.
HARRY K. SINGLETARY, JR., SECRETARY, FLORIDA DEPARTMENT OF CORRECTIONS, APPELLEE
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PER CURIAM.
Appellant, an inmate in the state correctional system, seeks review of a final order denying his petition for a writ of mandamus. In that petition, appellant alleged that he had been improperly denied an appropriate amount of incentive gain time for the month of June 1989. Pursuant to an order to show cause issued by the trial court, appellee, Secretary of the Department of Corrections, filed a response to the petition. However, no evidentiary hearing was held. Instead, the trial court concluded from the petition and response thereto that appellant was not entitled to the relief requested.
In our opinion, the petition and response thereto do not conclusively establish that appellant is not entitled to the relief requested in the petition. Accordingly, we are constrained to reverse the order of the trial court denying the petition for a writ of mandamus; and to remand with directions that the trial court hold an evidentiary hearing regarding the allegations of appellant’s petition.
REVERSED and REMANDED, with directions.
ERVIN and WEBSTER, JJ., concur. MINER, J., dissents without written opinion.
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Sherrill Turner v. Singletary, 623 So. 2d 537 (Fla. 1st DCA 1993)…ade an adequate showing on this point. Accordingly, we conclude that the petition and DOC’s response do not conclusively establish that appellant is not entitled to relief, in part, as requested in his petition. As we did in Cridland v. Singletary, 605 So. 2d 170 (Fla. 1st DCA 1992), we reverse and remand with directions that the trial court conduct an evidentiary hearing with respect to DOC’s denial of credit for gain time while appellant was under medical disability or restrictions. REVERSED and REMANDED.…
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Dixon v. Vaughn, 609 So. 2d 172 (Fla. 1st DCA 1992)…response to the order to show cause that appellant is not entitled to relief with respect to denial of gain-time, we remand this cause in order that the trial court may receive further evidence or argument on this point. See Cridland v. Singletary, 605 So. 2d 170 (Fla. 1st DCA 1992). In all other respects, appellant’s arguments on appeal are found to be without merit. Accordingly, the cause is REVERSED and REMANDED. SMITH, SHIVERS and KAHN, JJ., concur.…