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KOLB v. FUSCO

No. 4D05-1164.

927 So.2d 231 (2006)

Kenneth KOLB, Appellant, v. D.L. FUSCO, D. Inman, J. Harris and Florida Department of Corrections, Appellees.

District Court of Appeal of Florida, Fourth District.

Rehearing Denied May 1, 2006.

Attorney(s) appearing for the Case

Kenneth W. Kolb, Indiantown, pro se.

No brief filed on behalf of appellee.

On Motion for Rehearing

WARNER, J.

We deny the motion for rehearing, withdraw our prior opinion, and substitute the following in its place.

Appellant, a prison inmate, challenges the dismissal of his civil complaint for failure to provide an affidavit of indigency in compliance with section 57.085(2), Florida Statutes (2004). We affirm.

Appellant first filed a petition for mandamus in the trial court (Case No. 04-509 CA) for replacement...

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