GARY MILLS, APPELLANT,
v.
FLORIDA DEPARTMENT OF CORRECTIONS, APPELLEE

Fla. 1st DCA | 2016-11-21
No. 1D16-2293
WOLF, BILBREY, and M.K. THOMAS, JJ., concur.
204 So. 3d 571 Florida District Court of Appeal, First District (2016) Positive Treatment
Cited by 4 cases

Opinion of the Court
PER CURIAM.

PER CURIAM.

Because we find that the Appellant has sufficiently alleged' that “collateral legal consequences that affect the rights of a party flow from the issue to be determined,” Godwin v. State, 593 So.2d 211, 212 (Fla.1992) (citing Keezel v. State, 358 So.2d 247 (Fla. 4th DCA 1978)), we vacate the circuit court’s order dismissing the petition for writ of mandamus as moot, and we remand this matter for a determination on the merits of the petition. This opinion shall not be construed as passing upon the merits of the underlying petition.

ORDER VACATED; REMANDED.

WOLF, BILBREY, and M.K. THOMAS, JJ., concur.


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  • Messing v. Nieradka, 230 So. 3d 962 (Fla. 2d DCA 2017)
    …14). Blindsiding a party by announcing on the day of the hearing that the court will entertain evidence at a hearing not noticed as an evi-dentiary hearing is the epitome of a due process violation. See Jackson v. Leon Cty. Elections Canvassing Bd., 204 So. 3d 571, 578 (Fla. 1st DCA 2016) (“[T]he opportunity to be heard at an evidentiary hearing requires time to secure the attendance qf witnesses and to prepare for the presentation of evidence and argument.” (quoting Crepage v. City of Lauderhill, 774 So. 2d…
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