Legal Opinion

Molfetto v. Department of Corrections

District Court of Appeal of Florida

Decided August 21, 2012No. 1D11-5398Published

1Opinion of the CourtClark, J.

Nick Molfetto, a state prisoner, appeals the circuit court’s dismissal of his circuit court action for review of administrative disciplinary proceedings. The dismissal was based on the circuit court’s finding, after the Department of Corrections responded to the petition, that Molfetto had failed to exhaust his administrative remedies before filing the action. Because the record demonstrates that Molfetto properly exhausted his administrative remedies, the order dismissing the action is reversed.

The circuit court’s dismissal of a petition for review of administrative disciplinary action by…

2Cases cited4 opinions

  1. Wilson v. County of OrangeDistrict Court of Appeal of Florida · 2004
  2. Serchay v. State Farm Florida Insurance Co.District Court of Appeal of Florida · 2010
  3. Thomas v. State, Florida Department of CorrectionsDistrict Court of Appeal of Florida · 2012
  4. Mora v. McDonoughDistrict Court of Appeal of Florida · 2007

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