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OWEN v. MOORE

No. 1D01-3006.

852 So.2d 351 (2003)

Duane E. OWEN and Brandy B. Jennings, Appellants, v. Michael MOORE, Secretary of Florida Department of corrections, and State of Florida, Appellees.

District Court of Appeal of Florida, First District.

August 14, 2003.

Attorney(s) appearing for the Case

Duane E. Owen, pro se; and Brandy B. Jennings, pro se.

Charlie Crist, Attorney General; Robert P. Elson, Assistant Attorney General, Tallahassee, for Appellees.

PER CURIAM.

We reverse the dismissal of appellants' complaint. Pursuant to our ruling in Osterback v. Turner, 837 So.2d 604 (Fla. 1st DCA 2003), the trial court erred in dismissing the complaint prior to adjudicating the inmate to be indigent.

ERVIN and BENTON, JJ., Concur; WOLF, C.J., Dissents with opinion.

WOLF, C.J., Dissents.

While the trial court did not follow the law, any error was harmless...

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