LOUIS F. MASIELLO, APPELLANT,
v.
MICHAEL W. MOORE, APPELLEE
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PER CURIAM.
In these consolidated cases, appellant seeks review of orders dismissing two petitions for writs of mandamus (which challenged prison disciplinary proceedings) for failure to comply with section 57.085, Florida Statutes (1997). We agree with the trial court that appellant did not comply with the requirements of that statute. However, as appellant correctly points out, the petitions should not have been dismissed without affording him an opportunity either to correct the deficiencies in his original submissions-or to pay the filing fees. Marquart v. Florida Parole Commission, 701 So. 2d 674 (Fla. 1st DCA 1997). Accordingly, we reverse, and remand with directions that appellant be afforded such an opportunity.
AFFIRMED IN PART; REVERSED IN PART; and REMANDED, with directions.
KAHN, WEBSTER and VAN NORTWICK, JJ., CONCUR.
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Mazer v. Orange Cnty., 811 So. 2d 857 (Fla. 5th DCA 2002)…r.” Appellate courts have generally allowed direct review of an order dismissing a petition for writ of mandamus. See e.g., Tucker v. Ruvin, 748 So. 2d 376 (Fla. 3d DCA 2000); Ponton v. Moore, 744 So. 2d 1159 (Fla. 1st DCA 1999); Masiello v. Moore, 739 So. 2d 1196 (Fla. 1st DCA 1999); Hensley v. Singletary, 690 So. 2d 653 (Fla. 1st DCA 1997); see also Sheley v. Florida Parole Comm’n, 703 So. 2d 1202, 1204 (Fla. 1st DCA 1997) (“We acknowledge that if mandamus is used to initiate a new civil action in the circu…
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Gonzalez v. Moore, 743 So. 2d 158 (Fla. 1st DCA 1999)…t Order” have not already- been provided. Should the circuit court conclude that appellant has not already fully complied with that order, it shall afford appellant a reasonable opportunity to do so before dismissing the case. See Masiello v. Moore, 739 So. 2d 1196 (Fla. 1st DCA 1999). REVERSED and REMANDED, with directions. DAVIS and VAN NORTWICK, JJ., CONCUR.…
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Tooma v. Moore, 743 So. 2d 1189 (Fla. 1st DCA 1999)…smiss a petition for failing to comply with the requirements of section 57.085 without first affording to the party an opportunity to correct the deficiencies. Marquart v. Florida Parole Comm’n, 701 So. 2d 674 (Fla. 1st DCA 1997); Masiello v. Moore, 739 So. 2d 1196 (Fla. 1st DCA 1999). Accordingly, the trial court’s order of dismissal is REVERSED and the matter REMANDED to allow Appellant an opportunity to correct the deficiencies in his original submission. BOOTH and KAHN, JJ., CONCUR.…
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- Rinker Materials Corp. & Crawford & Co. v. Rodriguez, 701 So. 2d 674 (Fla. 1st DCA 1997)
- Fulfer v. State, 701 So. 2d 674 (Fla. 3d DCA 1997)