Legal Opinion

Smith v. Florida Department of Corrections

District Court of Appeal of Florida

Decided September 2, 2005No. 1D04-3249Published

1Per curiam

The appellant challenges the order by which the circuit court denied his claims for a declaratory judgment and mandamus relief. We conclude that the circuit court properly denied declaratory relief, and the appellant has failed to demonstrate an entitlement to relief on second-tier review of disciplinary proceedings against the appellant for disobeying a verbal order. But the appellant is entitled to mandamus relief compelling the appellee to follow its own rules requiring that the warden personally make the decision to approve, return, or deny grievances of reprisal and grievances involving…

2Cases cited1 opinion

  1. Rivera v. MooreDistrict Court of Appeal of Florida · 2002

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