Masiello v. Moore, No. 98-2596
| Decision Date | 29 July 1999 |
| Docket Number | No. 98-2744., No. 98-2596 |
| Citation | 739 So.2d 1196 |
| Parties | Louis F. MASIELLO, Appellant, v. Michael W. MOORE, Appellee. |
| Court | Florida District Court of Appeals |
Appellant pro se.
Robert A. Butterworth, Attorney General, Tallahassee, for Appellee.
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.
To continue reading
Request your trial
-
Mazer v. Orange County
...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 (......
-
Mazer v. Orange County Fl
...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, 1......
-
Ponton v. Moore, 97-2022.
...delivered to prison officials, to afford appellant an opportunity 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 REVERSED and REMANDED. WEBSTER, DAVIS AND VAN NORTWICK, JJ.,......
-
Reese v. McDonough, 1D05-3053.
...correct the deficiencies in his indigency submissions. See, e.g., 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 ALLEN, KAHN, and DAVIS, JJ., concur. ...