SMITH v. FLORIDA DEPARTMENT OF CORRECTIONS

No. 1D04-5179.

928 So.2d 487 (2006)

Glenn SMITH, Appellant, v. FLORIDA DEPARTMENT OF CORRECTIONS, Capt. L.L. Hatcher, Sgt. Jeffrey Pippin, Co., Christopher M. Lister, Co., Jan D. Heffel, and Marcell Johnson, Appellees.

District Court of Appeal of Florida, First District.

May 8, 2006.


Attorney(s) appearing for the Case

Glenn Smith, pro se, Appellant.

Charlie Crist, Attorney General, and Pamela Lutton-Shields, Assistant Attorney General, Tallahassee, for Appellees.


PER CURIAM.

REVERSED. The Department of Corrections concedes that the trial court erred in dismissing appellant's complaint for failure to exhaust his administrative remedies. We, therefore, reverse the order of dismissal and remand for further proceedings.

ALLEN, WOLF, and WEBSTER...

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