Gonzalez v. State

WIGGINTON, Judge.

Gonzalez brings this appeal from the trial court’s order denying his petition for writ of mandamus on the basis that he “failed to state a cause of action upon which relief can be granted.” After re*875viewing the record, we disagree with the trial court’s conclusion and reverse.

The facts as distilled from this limited record show that appellant received a disciplinary report on December 29, 1990, for verbal disrespect. He filed a grievance, which was denied. He next filed an appeal to the Secretary of the Department of Corrections, which was denied as being untimely filed.…