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Butler v. McNeil

District Court of Appeal of Florida, First District
Mar 17, 2010
30 So. 3d 638 (Fla. Dist. Ct. App. 2010)

Opinion

No. 1D09-4121.

March 17, 2010.

An appeal from the Circuit Court for Bradford County. Phyllis M. Rosier, Judge.

Joshua Leon Butler, pro se, Appellant.

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


Joshua Leon Butler appeals an order of the circuit court dismissing his mandamus claim. In the circuit court, Butler sought and was granted leave to amend his petition. The circuit court's subsequent dismissal order reflects its belief that Butler failed to file an amended petition within the time allotted, but it appears that the circuit court's conclusion in this regard was a product of oversight or mistake. In fact, the record discloses that Butler did timely file an amended petition. Accordingly, the order dismissing his claim below is reversed, and the matter is remanded for further proceedings.

BENTON, VAN NORTWICK, and CLARK, JJ., concur.


Summaries of

Butler v. McNeil

District Court of Appeal of Florida, First District
Mar 17, 2010
30 So. 3d 638 (Fla. Dist. Ct. App. 2010)
Case details for

Butler v. McNeil

Case Details

Full title:Joshua Leon BUTLER, Appellant, v. Walter A. McNEIL, Secretary, Florida…

Court:District Court of Appeal of Florida, First District

Date published: Mar 17, 2010

Citations

30 So. 3d 638 (Fla. Dist. Ct. App. 2010)