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Florida District Courts of Appeal, 1988

Braddy v. State

Braddy v. State
Florida District Courts of Appeal · Decided December 21, 1988 · Anstead, Downey, Hersey
536 So. 2d 1117; 14 Fla. L. Weekly 157; 1988 Fla. App. LEXIS 5582; 1988 WL 135349 (Southern Reporter, Second Series)

Braddy v. State

Opinion of the Court

PER CURIAM.

Reversed and remanded for an evidentia-ry hearing.1 The appellant has made a prima facie showing, supported by his own sworn statements, that he was not afforded notice of the disciplinary proceedings conducted against him. The resolution of his claim requires an evidentiary hearing. See Moore v. Wainwright, 366 So.2d 183 (Fla. 1st DCA 1979).

HERSEY, C.J., and DOWNEY and ANSTEAD, JJ., concur.

. Of course, these proceedings would be mooted if the appellee decided to afford the appellant a new administrative hearing with proper notice given to appellant.

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