Legal Opinion

Prater v. McDonough

District Court of Appeal of Florida

Decided December 22, 2006No. 1D05-5047Published

1Per curiam

We reverse and remand the denial of Prater’s petition for writ of mandamus. Contrary to the trial court’s order, prisoners may petition to initiate rulemaking under the Administrative Procedure Act. See § 120.81(3), Fla. Stat. (2005) (explaining that prisoners may petition to initiate rule-making pursuant to section 120.54(7)). We do not, however, disturb the trial court’s sanctions order entered in a companion case. See Prater v. McDonough, No. 1D05-5027, 947 So.2d 538, 2006 WL 3751499 (Fla. 1st DCA Dec.22, 2006). Accordingly, all further action in this case shall proceed in accordance with…

2Cases cited1 opinion

  1. Prater v. McDonoughDistrict Court of Appeal of Florida · 2006

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