James Levoy Waters v. Pam Childers, Clerk and Comptroller, Escambia County, Florida

Appellant, an inmate, seeks review of the order denying his motion for relief from judgment under Florida Rule of Civil Procedure 1.540(b). For the reasons that follow, we reverse and remand for further proceedings.

In February 2004, Appellant filed a mandamus petition against Appellee. The petition was denied in March 2015 and Appellant thereafter filed a timely motion for rehearing. In June 2015, Appellant sent a notice of inquiry to the clerk of the lower tribunal regarding the status of the motion for rehearing. The clerk informed Appellant that an order denying the motion had been entered…