Marquart v. Florida Parole Com'n, 97-297
| Decision Date | 26 November 1997 |
| Docket Number | No. 97-297,97-297 |
| Citation | 701 So.2d 674 |
| Parties | 22 Fla. L. Weekly D2684 Louis E. MARQUART, Appellant, v. FLORIDA PAROLE COMMISSION, Appellee. |
| Court | Florida District Court of Appeals |
An appeal from the Circuit Court for Leon County; Charles D. McClure, Judge.
Louis E. Marquart, pro se, appellant.
William L. Camper, General Counsel, and Bradley R. Bischoff, Assistant General Counsel, Florida Parole Commission, Tallahassee, for appellee.
Marquart appeals an order denying his request for leave to proceed as an indigent and dismissing his petition for writ of mandamus with prejudice. Although the trial court's order does not expressly so recite, we infer that it based its action on appellant's failure to comply with the requirements of section 57.085, Florida Statutes (1996), which took effect shortly before appellant filed his petition below. Under the somewhat unique facts of this case, we conclude that the trial court abused its discretion in dismissing appellant's petition without affording him the opportunity to correct the deficiencies in his original indigency filings. Accordingly, the trial court's order of dismissal is REVERSED and the matter is REMANDED for further proceedings.
To continue reading
Request your trial
-
Ponton v. Moore, 97-2022.
...to re-file the required insolvency papers. See Masiello v. Moore, 739 So.2d 1196 (Fla. 1st DCA 1999); Marquart v. Florida Parole Comm'n, 701 So.2d 674 (Fla. 1st DCA 1997). REVERSED and WEBSTER, DAVIS AND VAN NORTWICK, JJ., CONCUR. ...
-
Reese v. McDonough, 1D05-3053.
...Tooma v. Moore, 743 So.2d 1189 (Fla. 1st DCA 1999); Masiello v. Moore, 739 So.2d 1196 (Fla. 1st DCA 1999); Marquart v. Fla. Parole Comm'n, 701 So.2d 674 (Fla. 1st DCA 1997). ALLEN, KAHN, and DAVIS, JJ., ...
-
Tooma v. Moore, 98-2135.
...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 Accordingly, the trial court's order of dismissal is REVERSED and the matt......
-
Williams v. Florida Parole Commission, 1D00-0120.
...751 So.2d 164, 164 (Fla. 1st DCA 2000); Masiello v. Moore, 739 So.2d 1196, 1196 (Fla. 1st DCA 1999); Marquart v. Fla. Parole Comm'n, 701 So.2d 674, 675 (Fla. 1st DCA 1997). ALLEN, C.J., BOOTH and BENTON, JJ., ...