MARC V. MILLER, APPELLANT,
v.
DEPARTMENT OF CORRECTIONS, APPELLEE

Fla. 1st DCA | 2015-08-27
No. 1D14-5712
BENTON, MARSTILLER, and OSTERHAUS, JJ., concur.
172 So. 3d 574 Florida District Court of Appeal, First District (2015) Positive Treatment
Cited by 9 cases
Opinion of the Court
PER CURIAM.

PER CURIAM.

The trial court dismissed appellant’s petition for writ of mandamus on exhaustion grounds. But the petition alleged he had “exhausted all available avenues of administrative review via the inmate grievance procedure,” and appellant asserts that his exhaustion of administrative remedies is reflected in “inmate appeal grievance log number 13-6-15500.” Accordingly, we reverse the order of dismissal and remand for further proceedings.

Reversed and remanded.

BENTON, MARSTILLER, and OSTERHAUS, JJ., concur.

Cases With Similar Vibessemantic neighbors from the corpus

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  • Green v. Cottrell, 204 So. 3d 22 (Fla. 2016)
    …er Med. Ctr. v. United Auto. Ins. Co., 62 So. 3d 1086, 1096 (Fla.2010). Florida district courts have reversed dismissals for failure to exhaust where the prisoner alleged that administrative remedies had been exhausted. See Miller v. Dep’t of Corr., 172 So. 3d 574, 574 (Fla. 1st DCA 2015) (reversing dismissal of petition for writ of mandamus where prisoner asserted that “he had ‘exhausted all available avenues of administrative review via the inmate grievance procedure,’ and ... his exhaustion of administrati…
  • Reynolds v. State, 221 So. 3d 754 (Fla. 1st DCA 2017)
    …order. Because we find this appeal to be frivolous, we direct the clerk to forward a certified copy of this opinion to the Department of Corrections for appropriate disciplinary action against Appellant. See § 944.279, Fla. Stat.; Ponton v. Willis, 172 So. 3d 574 (Fla. 1st DCA 2015). Additionally, we caution Appellant that the filing of any additional frivolous or repetitious appeals or petitions in this court challenging his convictions and sentences in Duval County Case No. 04-CF-2821 may result in an orde…
  • James v. State, 275 So. 3d 251 (Fla. 1st DCA 2019)

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