Reese v. McDonough, 1D05-3053.

• Decision Date: 08 February 2007
• Docket Number: No. 1D05-3053.,1D05-3053.
• Citation: 947 So.2d 1286
• Parties: James REESE, Appellant, v. James McDONOUGH, Secretary, Florida Department of Corrections, Appellee.
• Court: Florida District Court of Appeals

947 So.2d 1286

James REESE, Appellant, v. James McDONOUGH, Secretary, Florida Department of Corrections, Appellee.

No. 1D05-3053.

District Court of Appeal of Florida, First District.

February 8, 2007.

An appeal from the Circuit Court for Leon County. Charles A. Francis, Judge.

Appellant James Reese, pro se, Florida City.

Bill McCollum, Attorney General, and Joy A. Stubbs, Assistant Attorney General, Tallahassee, for Appellee.

PER CURIAM.

James Reese appeals an order dismissing his petition for writ of mandamus for failure to comply with the circuit court's case management order directing him to file appropriate indigency documentation, as required by section 57.085(2), Florida Statutes (2003). In particular, Reese failed to file a copy of his inmate bank account statement for the six months preceding the filing of his petition. Given the reasonable position taken by the Department of Corrections before this court, we REVERSE the circuit court's order of dismissal and REMAND the case to allow Reese one opportunity to 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 1997).

ALLEN, KAHN, and DAVIS, JJ., concur.