09-4121 JOSHUA LEON BUTLER, v. WALER A. McNEIL, Secretary, Florida Department of Corrections

State: Florida

Court: Florida First District Court

Docket No: 09-4121

Case Date: 03/17/2010

Preview:IN THE DISTRICT COURT OF APPEAL FIRST DISTRICT, STATE OF FLORIDA JOSHUA LEON BUTLER, Appellant, v. WALTER A. McNEIL, Secretary, Florida Department of Corrections, Appellee. _______________________________/ Opinion filed March 17, 2010. An appeal from the Circuit Court for Bradford County. Phyllis M. Rosier, Judge. Joshua Leon Butler, pro se, Appellant. Bill McCollum, Attorney General, and Joy A. Stubbs, Assistant Attorney General, Tallahassee, for Appellee. NOT FINAL UNTIL TIME EXPIRES TO FILE MOTION FOR REHEARING AND DISPOSITION THEREOF IF FILED. CASE NO. 1D09-4121

PER CURIAM. Joshua Leon Butler appeals an order of the circuit court dismissing his mandamus claim. In the circuit court, Butler sought and was granted leave to

amend his petition. The circuit court's subsequent dismissal order reflects its belief that Butler failed to file an amended petition within the time allotted, but it appears that the circuit court's conclusion in this regard was a product of oversight or mistake. In fact, the record discloses that Butler did timely file an amended petition. Accordingly, the order dismissing his claim below is reversed, and the matter is remanded for further proceedings. BENTON, VAN NORTWICK, and CLARK, JJ., CONCUR.

2

Download 09-4121 JOSHUA LEON BUTLER, v. WALER A. McNEIL, Secretary, Florida Department of