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Florida District Courts of Appeal, 2005

Fuster-Escalona v. Florida Department of Corrections

Fuster-Escalona v. Florida Department of Corrections
Florida District Courts of Appeal · Decided January 27, 2005 · Benton, Lewis, Thomas
891 So. 2d 1163; 2005 Fla. App. LEXIS 607; 2005 WL 166960 (Southern Reporter, Second Series)

Fuster-Escalona v. Florida Department of Corrections

Concurring Opinion

THOMAS, J.,

concurs.

I concur in the result based on Burgess v. Crosby, 870 So.2d 217 (Fla. 1st DCA 2004), and Davidson v. Crosby, 883 So.2d 866 (Fla. 1st DCA 2004). If this issue had not been previously and definitively resolved, I would vote to affirm based on the dissenting opinion in Burgess, which I believe correctly applies the holding in Schmidt v. Crusoe, 878 So.2d 361 (Fla. 2003).

Opinion of the Court

PER CURIAM.

The order of dismissal is reversed on the authority of Burgess v. Crosby, 870 So.2d 217 (Fla. 1st DCA 2004). The case is remanded to the Circuit Court for Leon County for a decision on the merits.

REVERSED.

*1164BENTON and LEWIS, JJ., concur. THOMAS, J., concurs in result by written opinion.

Case-law data current through December 31, 2025. Source: CourtListener bulk data.

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