DAVID CHARLES SUSSMAN
v.
DEPT. OF CORRECTIONS
AI-generated. These summaries, headnotes, and key points are machine-generated and may contain errors or omissions. Always verify against the full opinion text below. Not legal advice.
A writ of mandamus against the Department of Corrections must be dismissed when the petition is filed more than 30 days after the original grievance resolution and administrative remedies have not been exhausted through appeal at the Bureau of Inmate Grievance.
[1] An inmate seeking mandamus relief against the Department of Corrections must exhaust administrative remedies by perfecting an appeal at the Bureau of Inmate Grievance app…
Previewing 1 of 1 headnotes on this case. FLexlaw’s editorially structured points of law — every proposition, pinpointed — are reserved for members.
Join FLexlaw to unlock all legal intelligence“If the trial court reaches the right result, but for the wrong reasons, it will be upheld if there is any basis which would support the judgment in the record.”
Justifying affirmance on alternative grounds despite reversal of original basis for dismissal.
David Sussman, an inmate proceeding pro se, filed a writ of mandamus against the Department of Corrections. The lower court denied the petition, and S…
The full statement of facts, procedural history, and disposition for this case are member content.
Join FLexlaw to unlock all legal intelligence© FLexlaw, Inc. — AI-generated enrichments are proprietary. All rights reserved.
Explore caselaw by topic → Browse Administrative Exhaustion Requirement cases and more on FLexlaw
PER CURIAM.
We acknowledge that the sanctions against pro se filings of Appellant (on which the dismissal of his writ of mandamus was based) have been reversed by this Court in 1D17-3770. Nonetheless, we agree with Appellee that the lower court’s denial should be affirmed on two alternative bases—Appellant’s petition was untimely as filed more than 30 days following the resolution of his original grievance under section 95.11(8), Florida Statutes (2017); and secondly, he fails to show that he properly exhausted his administrative remedies. Jackson v. Parkhouse, 826 So. 2d 478, 479 (Fla. 1st DCA 2002) (stating that petitioner was required to “plead and prove” that he had exhausted administrative remedies regarding the Department’s denial of access to courts in order to be entitled to any mandamus relief against the Department or its employees). An inmate properly satisfies this exhaustion requirement by perfecting his appeal at the Bureau of Inmate Grievance appeals.
“If the trial court reaches the right result, but for the wrong reasons, it will be upheld if there is any basis which would support the judgment in the record.” Dade County School Board v. Radio Station WQBA, 731 So. 2d 638, 644 (Fla. 1999).
AFFIRMED. BILBREY, WINOKUR, and M.K. THOMAS, JJ., concur. _____________________________
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Authorities Cited
- Dade Cnty. Sch. Bd. v. Radio Station Wqba, 731 So. 2d 638 (Fla. 1999)
- Jackson v. Parkhouse, 826 So. 2d 478 (Fla. 1st DCA 2002)