Owen v. Moore

We reverse the dismissal of appellants’ complaint. Pursuant to our ruling in Osterback v. Turner, 837 So.2d 604 (Fla. 1st DCA 2003), the trial court erred in dismissing the complaint prior to adjudicating the inmate to be indigent.

ERVIN and BENTON, JJ., Concur; WOLF, C.J., Dissents with opinion.