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Upson v. Tucker

DISTRICT COURT OF APPEAL FIRST DISTRICT, STATE OF FLORIDA
Apr 24, 2012
CASE NO. 1D11-5502 (Fla. Dist. Ct. App. Apr. 24, 2012)

Opinion

CASE NO. 1D11-5502

04-24-2012

WILLIE D. UPSON, Petitioner, v. KENNETH S. TUCKER, SECRETARY, FLORIDA DEPARTMENT OF CORRECTIONS, Respondent.

Willie D. Upson, pro se, Petitioner. Pamela Jo Bondi, Attorney General, and C. Ian Garland, Assistant Attorney General, Tallahassee, for Respondent.


NOT FINAL UNTIL TIME EXPIRES TO FILE MOTION FOR REHEARING AND

DISPOSITION THEREOF IF FILED

Petition for Writ of Certiorari -- Original Jurisdiction.

Willie D. Upson, pro se, Petitioner.

Pamela Jo Bondi, Attorney General, and C. Ian Garland, Assistant Attorney General, Tallahassee, for Respondent. PER CURIAM.

Willie D. Upson petitions for certiorari review of an order of the circuit court dismissing his petition for writ of mandamus. We agree with petitioner that the circuit court departed from the essential requirements of law when it dismissed his petition without affording him the opportunity to reply to the Department of Corrections' response, which raised for the first time the issue on which the circuit court based its dismissal order. See Bard v. Wolson, 687 So. 2d 254 (Fla. 1st DCA 1996). Accordingly, the petition for writ of certiorari is GRANTED, the order dismissing Upson's petition is QUASHED, and the matter is REMANDED for reconsideration in light of petitioner's reply. WOLF, RAY, and MAKAR, JJ., CONCUR.


Summaries of

Upson v. Tucker

DISTRICT COURT OF APPEAL FIRST DISTRICT, STATE OF FLORIDA
Apr 24, 2012
CASE NO. 1D11-5502 (Fla. Dist. Ct. App. Apr. 24, 2012)
Case details for

Upson v. Tucker

Case Details

Full title:WILLIE D. UPSON, Petitioner, v. KENNETH S. TUCKER, SECRETARY, FLORIDA…

Court:DISTRICT COURT OF APPEAL FIRST DISTRICT, STATE OF FLORIDA

Date published: Apr 24, 2012

Citations

CASE NO. 1D11-5502 (Fla. Dist. Ct. App. Apr. 24, 2012)