LYNWALL BROWN, APPELLANT,
v.
THE STATE OF FLORIDA, APPELLEE

Fla. 3d DCA | 2005-09-14
No. 3D03-2012
Before COPE, C.J. and LEVY and FLETCHER, JJ.
913 So. 2d 27 Florida District Court of Appeal, Third District (2005) Positive Treatment
Cited by 3 cases
Topics
Writ Of Mandamus Exhaustion Of Administrative Remedies

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Opinion of the Court
PER CURIAM.

PER CURIAM.

Lynwall Brown has sought rehearing of our April 13, 2005 opinion which affirmed the trial court’s denial of his petition for writ of mandamus. As Brown’s motion has merit we grant rehearing and substitute the following for our opinion of April 13, 2005.

The record supports Brown’s claim that he has exhausted his administrative remedies through the grievance procedure in seeking return of approximately 775 pages of legal documents. Brown’s legal papers were apparently lost or misplaced by the correctional institution, through no fault of Brown. Thus, we reverse the order on appeal, and remand with instructions to cause the return of those missing portions of Brown’s legal documents without cost to Brown.

Rehearing granted, opinion withdrawn, reversed and remanded with instructions.

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Cited By

  • Waters v. Inch, 266 So. 3d 1216 (Fla. 1st DCA 2019)
    …So. 3d 267, 267-68 (Fla. 1st DCA 2013) (reversing the dismissal of claims regarding a bank book and legal documents in a mandamus petition seeking to compel the DOC to follow its rules governing missing inmate property); see also Brown v. State, 913 So. 2d 27, 28 (Fla. 3d DCA 2005) (reversing the denial of the mandamus petition that sought the return of legal documents that were lost or misplaced by the correctional institution and remanding with instruction to have the missing documents returned wit…

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