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Gosman v. Moore

District Court of Appeal of Florida, First District
Oct 29, 1999
745 So. 2d 416 (Fla. Dist. Ct. App. 1999)

Opinion

No. 98-1321.

Opinion filed October 29, 1999.

An appeal from the Circuit Court for Leon County, N. Sanders Sauls, Judge.

Appellant pro se.

Robert A. Butterworth, Attorney General; M. Lilja Dandelake, Assistant Attorney General, Tallahassee, for Appellee.


Appellant seeks review of an order dismissing his petition for a writ of mandamus challenging prison disciplinary proceedings because he failed to comply with a provision of a case management order requiring that he file a certificate signed by an appropriate bank officer reflecting the balance of all bank accounts on the date the petition was filed, and the total amount of deposits for the preceding six months. Following entry of the order, appellant timely served and filed a motion requesting rehearing. While that motion was pending, appellant also filed a certificate which substantially complied with the requirement of the case management order. Notwithstanding the filing of the certificate, the trial court denied appellant's motion for rehearing. This was error. We reverse the order dismissing appellant's petition, and remand for further proceedings consistent with this opinion.

REVERSED and REMANDED, with directions.

JOANOS, WEBSTER and PADOVANO, JJ., CONCUR.


Summaries of

Gosman v. Moore

District Court of Appeal of Florida, First District
Oct 29, 1999
745 So. 2d 416 (Fla. Dist. Ct. App. 1999)
Case details for

Gosman v. Moore

Case Details

Full title:JOHN A. GOSMAN, Appellant, v. MICHAEL W. MOORE, SECRETARY, DEPARTMENT OF…

Court:District Court of Appeal of Florida, First District

Date published: Oct 29, 1999

Citations

745 So. 2d 416 (Fla. Dist. Ct. App. 1999)

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