Florida District Courts of Appeal, 2004

Thomas v. Florida Department of Corrections

Thomas v. Florida Department of Corrections
Florida District Courts of Appeal · Decided September 8, 2004 · Booth, Ervin, Kahn
881 So. 2d 1188; 2004 Fla. App. LEXIS 13326; 2004 WL 1969569 (Southern Reporter, Second Series)

Thomas v. Florida Department of Corrections

Opinion of the Court

PER CURIAM.

The circuit court should have considered appellant’s Motion for Reconsideration as a Motion to Amend the Petition for Writ of Mandamus. Given that the motion set forth additional facts that refuted the factual conclusions reached by the court in denying the Petition for Writ of Mandamus, such motion should have been granted. See Cason v. Fla. Parole Comm’n, 819 So.2d 1012, 1013 (Fla. 1st DCA 2002); Hall v. Key, 476 So.2d 787, 789 (Fla. 1st DCA 1985). REVERSED and REMANDED for further proceedings.

ERVIN, BOOTH, and KAHN, JJ., concur.

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