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COBY v. FOOD WORLD, INC.

No. 98-3938.

746 So.2d 570 (1999)

Alan D. COBY, Appellant, v. FOOD WORLD, INC., et al., Appellee.

District Court of Appeal of Florida, First District.

December 21, 1999.

Attorney(s) appearing for the Case

Alan D. Coby, pro se, for Appellant.

No appearance, for Appellee.

BARFIELD, C. J.

Appellant, an indigent prisoner, challenges the trial court's order sua sponte dismissing his tort complaint against a grocery store under the authority of section 57.085, Florida Statutes (1997). We reverse.

As noted in Reed v. Mims, 711 So.2d 169, 170 (Fla. 3d DCA 1998), section 57.085 was enacted in 1996, to address "a perceived problem of frivolous civil lawsuits filed by indigent prison...

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