Legal Opinion

Reese v. McDonough

District Court of Appeal of Florida

Decided February 8, 2007No. 1D05-3053Published

1Per curiam

James Reese appeals an order dismissing his petition for writ of mandamus for failure to comply with the circuit court’s case management order directing him to file appropriate indigency documentation, as required by section 57.085(2), Florida Statutes (2003). In particular, Reese failed to file a copy of his inmate bank account statement for the six months preceding the filing of his petition. Given the reasonable position taken by the Department of Corrections before this court, we REVERSE the circuit court’s order of dismissal and REMAND the case to allow Reese one opportunity to correct…

2Cases cited3 opinions

  1. Masiello v. MooreDistrict Court of Appeal of Florida · 1999
  2. Marquart v. FLORIDA PAROLE COM'NDistrict Court of Appeal of Florida · 1997
  3. Tooma v. MooreDistrict Court of Appeal of Florida · 1999

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