Marvin Lancaster v. Florida Department of Corrections

Appellant challenges the circuit court’s order which dismissed his petition for writ of mandamus as res judicata, on grounds that the previous order relied upon by the circuit court also ruled the matter res judi-cata and thus was not a ruling on the merits. See Miller v. Fla. Dep’t of Corrs., 153 So.3d 392 (Fla. 1st DCA 2014).

Appellant correctly asserts that the order dismissing the action in Lancaster v. Florida Department of Corrections, No. 2013 CA 001016 (Fla. 6th Cir.Ct. May 21, 2013), was not on the merits, but rather dismissed that action as res judicata. However, the orders relied…