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Bowe v. Florida Department of Corrections

District Court of Appeal of Florida, First District
Jun 26, 1991
582 So. 2d 92 (Fla. Dist. Ct. App. 1991)

Opinion

No. 90-2179.

June 26, 1991.

An appeal from an order of the Division of Administrative Hearings.

Charles W. Bowe, Jr., Starke, for appellant.

No appearance for appellee.


Bowe appeals an order of the Director of the Division of Administrative Hearings dismissing, under section 120.56(2), Florida Statutes (1989), his petition challenging Department of Corrections rules relating to inmate confinement. A very similar order was reversed and remanded in Bass v. Florida Department of Corrections, 575 So.2d 810 (Fla. 1st DCA 1991), involving challenge to the same rules, because appellate review was precluded by the fact that the order was unclear as to the grounds for the dismissal.

In Bass, we relied upon Ramadanovic v. Florida Department of Corrections, 575 So.2d 1333 (Fla. 1st DCA 1991), involving challenges to rules relating to inmate access to legal materials, in which we reversed a similar order and remanded for entry of an order stating with specificity grounds warranting dismissal of the petition, or for further proceedings on the petition pursuant to 120.56(2).

Finding this order similarly deficient, we REVERSE and REMAND with the same instructions as in Bass and Ramadanovic. See also Van Poyck v. Department of Corrections, 579 So.2d 346 (Fla. 1st DCA 1991); Ramadanovic v. Department of Corrections, 579 So.2d 332 (Fla. 1st DCA 1991).

SMITH, JOANOS and BARFIELD, JJ., concur.


Summaries of

Bowe v. Florida Department of Corrections

District Court of Appeal of Florida, First District
Jun 26, 1991
582 So. 2d 92 (Fla. Dist. Ct. App. 1991)
Case details for

Bowe v. Florida Department of Corrections

Case Details

Full title:CHARLES W. BOWE, JR., APPELLANT, v. FLORIDA DEPARTMENT OF CORRECTIONS…

Court:District Court of Appeal of Florida, First District

Date published: Jun 26, 1991

Citations

582 So. 2d 92 (Fla. Dist. Ct. App. 1991)