Opinion

Brown v. State

  • 913 So. 2d 27
  • 2005 Fla. App. LEXIS 14843
  • 2005 WL 2219480
Court
District Court of Appeal of Florida
Filed
Sep 14, 2005
Status
Published
On the bench
Cope, Fletcher, Levy
Cited by
1 cases
Authority
More cited than 48.8%

reversing the denial of the mandamus petition that sought the return of legal documents that were lost or misplaced by the correctional institution and remanding with instruction to have the missing documents returned without cost to the appellant

How later courts described this case

  • reversing the denial of the mandamus petition that sought the return of legal documents that were lost or misplaced by the correctional institution and remanding with instruction to have the missing documents returned without cost to the appellant

Written by the judges who cited it.

The opinion

ON MOTION FOR REHEARING GRANTED

PER CURIAM.

Lynwall Brown has sought rehearing of our April 13, 2005 opinion which affirmed the trial court’s denial of his petition for writ of mandamus. As Brown’s motion has merit we grant rehearing and substitute the following for our opinion of April 13, 2005.

The record supports Brown’s claim that he has exhausted his administrative remedies through the grievance procedure in seeking return of approximately 775 pages of legal documents. Brown’s legal papers were apparently lost or misplaced by the correctional institution, through no fault of Brown. Thus, we reverse the order on appeal, and remand with instructions to cause the return of those missing portions of Brown’s legal documents without cost to Brown.

Rehearing granted, opinion withdrawn, reversed and remanded with instructions.

This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.

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