FLORIDA DEPARTMENT OF CORRECTIONS, APPELLANT,
v.
EDWARD PRIDE, APPELLEE
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PER CURIAM.
The trial court entered a postconviction order in a criminal case in which it enjoined the Florida Department of Corrections from cutting the hair of defendant-appellant Edward Pride, a member of the Rastafarian religion, “unless or until such actions are found to not violate his First Amendment rights by the governing Federal Courts in the pending litigation.”
We reverse the order, first, because the Department of Corrections was given no notice of this motion prior to entry of the order. See Florida Department of Corrections v. Wilson, 606 So. 2d 1285 (Fla. 3d DCA 1992); Florida Department of Corrections v. Savariau, 600 So. 2d 570 (Fla. 3d DCA 1992); and Florida Department of Corrections v. Wilson, 594 So. 2d 330 (Fla. 3d DCA 1992).
Second, on the merits, the Florida Department of Corrections’ hair regulation has been upheld against an indistinguishable religious- based challenge. See Harris v. Chapman, 97 F. 3d 499 (11th Cir.1996).
Accordingly, the order under review is reversed.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
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Akeem Muhammad v. Crosby, 922 So. 2d 236 (Fla. 1st DCA 2006)…der the federal counterpart to RFRA). We recognize that courts have previously confirmed the validity of those portions of rule 33-602.101(4) that regulate hair length. Harris v. Chapman, 97 F. 3d 499 (11th Cir.1996); Fla. Dep’t of Corrs. v. Pride, 706 So. 2d 133 (Fla. 3d DCA 1998); Brunskill v. Boyd, 141 Fed.Appx.771 (11th Cir.2005). Those cases, however, do not resolve the issue Muhammad raises with regard to beard length, because hair or beards that are never cut, at issue in these cases, may raise signif…
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Singletary v. Larry Leonard a.k.a. Dennis Edwards, 710 So. 2d 223 (Fla. 3d DCA 1998)…PER CURIAM. We grant the petition for writ of certiorari and quash the order on the authority of Singletary v. Griffith, No. 97-3101, — So. 2d - (Fla. 3d DCA Apr.1, 1998), and Florida Department of Corrections v. Pride, 706 So. 2d 133 (Fla. 3d DCA 1998). Petition granted; order quashed.…
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State v. White, 760 So. 2d 238 (Fla. 3d DCA 2000)…ve that entry of the lower court’s order was also erroneous as the DOC was not given notice of the proceedings through which the order was entered. See Singletary v. Duggins, 724 So. 2d 1234 (Fla. 3d DCA 1999); Florida Dep’t of Corrections v. Pride, 706 So. 2d 133 (Fla. 3d DCA 1998); Florida Dep’t of Corrections v. Wilson, 594 So. 2d 330 (Fla. 3d DCA 1992). Petition denied.…
Authorities Cited
- Harris v. Chapman, 97 F.3d 499 (11th Cir. 1996)
- Fla. Dep't OF Corr. v. Wilson, 594 So. 2d 330 (Fla. 3d DCA 1992)
- Fla. Dep't OF Corr. v. Rohan Savariau, 600 So. 2d 570 (Fla. 3d DCA 1992)
- Taylor v. State, 600 So. 2d 570 (Fla. 3d DCA 1992)
- Fla. Dep't OF Corr. v. Wilson, 606 So. 2d 1285 (Fla. 3d DCA 1992)