SPENCE v. TUCKER

No. 1D12-1556.

107 So.3d 444 (2012)

Christopher SPENCE, Appellant, v. Kenneth S. TUCKER, Secretary, Florida Department of Corrections, Appellee.

District Court of Appeal of Florida, First District.

Rehearing Denied February 28, 2013.


Attorney(s) appearing for the Case

Christopher Spence, pro se, Appellant.

Pamela Jo Bondi , Attorney General, and Charles F. Rivenbark, II , Assistant Attorney General, Tallahassee, for Appellee.


PER CURIAM.

This is an appeal from an order dismissing appellant's petition for writ of mandamus as untimely and denying his motion for leave to amend. Appellant does not dispute his mandamus petition challenging prison disciplinary proceedings was time-barred under section 95.11(8), Florida Statutes (2011), but asserts the lower court abused its discretion in denying him leave to file an amended timely petition. We agree and reverse.

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