Spence v. Tucker

This is an appeal from an order dismissing appellant’s petition for writ of mandamus as untimely and denying his motion for leave to amend. Appellant does not dispute his mandamus petition challenging prison disciplinary proceedings was time-barred under section 95.11(8), Florida Statutes (2011), but asserts the lower court abused its discretion in denying him leave to file an amended timely petition. We agree and reverse.

*445On May 5, 2011, appellant, an inmate at Lake City Correctional Institution, received a disciplinary report for escape or attempted escape. On May 10, 2011, appellant was…