Librun v. Griffis

I agree with the majority to the extent that, if dismissal was warranted, it should have been without prejudice. See Wright v. Allen, 611 So.2d 23 (Fla. 1st DCA 1992). However, I dissent from the majority opinion because, in my judgment, the trial court abused its discretion by dismissing Appellant’s motion without conducting an evidentiary hearing.

Appellant alleged that Appellees, for years, consistently denied Appellant access to pens, paper, and his legal materials. Appellant’s allegations are supported by a plethora of requests to Appellees to provide these materials, and Appellees’…