08-3739 CHARLES M. VAUGHT, JR., v. WALTER A. MCNEIL, SECRETARY, FLORIDA DEPARTMENT OF CORRECTIONS

State: Florida

Court: Florida First District Court

Docket No: 08-3739

Case Date: 07/24/2009

Preview:IN THE DISTRICT COURT OF APPEAL FIRST DISTRICT, STATE OF FLORIDA NOT FINAL UNTIL TIME EXPIRES TO FILE MOTION FOR REHEARING AND DISPOSITION THEREOF IF FILED

CHARLES M. VAUGHT, JR., Appellant, v. WALTER A. MCNEIL, SECRETARY, FLORIDA DEPARTMENT OF CORRECTIONS, Appellee. _____________________________/ Opinion filed July 24, 2009.

CASE NO. 1D08-3739

An appeal from the Circuit Court for Leon County. John C. Cooper, Judge. Charles M. Vaught, Jr., pro se, Appellant. Bill McCollum, Attorney General, and Joe Belitzky, Senior Assistant Attorney General, Tallahassee, for Appellee. PER CURIAM. Appellant raises three issues on appeal. We affirm as to two issues but remand to the trial court to amend its order to indicate it is without prejudice to appellant's right to file an amended complaint on the declaratory judgment and to effectuate appropriate process pursuant to Florida Rule of Civil Procedure 1.070(j).

WOLF, WEBSTER, and CLARK, JJ., CONCUR.

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