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ORTIZ v. McDONOUGH

No. 1D06-4268.

957 So.2d 1256 (2007)

Rudolfo G. ORTIZ, Appellant, v. James R. McDONOUGH, Secretary, Florida Department of Corrections, Appellee.

District Court of Appeal of Florida, First District.

Rehearing Denied June 15, 2007.

Attorney(s) appearing for the Case

Rudolfo G. Ortiz, pro se, Appellant.

Bill McCollum, Attorney General, and Joy A. Stubbs, Assistant Attorney General, Tallahassee, for Appellee.

WOLF, J.

Ortiz challenges an order dismissing his petition for mandamus and an order finding him to be a vexatious litigant and assessing attorney's fees. We affirm as to the dismissal of the mandamus petition without further comment.

We reverse that portion of the order finding Ortiz's petition to be frivolous pursuant to section 57.085(9), Florida Statutes (2005), and assessing attorney's fees pursuant to section 57.105, Florida Statutes (2005), as these...

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