Donald Waters v. Department of Corrections

Appellant appeals an order dismissing his petition for writ of mandamus for failure to state a cause of action. We reverse that portion of the order which determined that appellant did not have a clear legal right to the consideration of the merits of his grievance appeal on the basis that his grievance appeal was untimely.

Appellant filed a petition for writ of mandamus with the circuit court seeking to compel the Department of Corrections (Department) to consider the merits of his grievance appeal that had been filed pursuant to Florida Administrative Code Rule 33-103.007, “Appeals and…