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WATERS v. DEPT. OF CORRECTIONS

No. 1D13-3310.

144 So.3d 609 (2014)

Donald WATERS, Appellant, v. DEPT. OF CORRECTIONS, Appellee.

District Court of Appeal of Florida, First District.

August 1, 2014.

Attorney(s) appearing for the Case

Donald Waters, pro se, Appellant.

Pamela Jo Bondi , Attorney General, and Daniel A. Johnson , Assistant Attorney General, Tallahassee, for Appellee.

PER CURIAM.

Despite the assertion and presentation of evidence that appellant's formal grievance appeal was timely turned over to prison officials for mailing pursuant to the "prison mailbox rule" and Gonzalez v. State, 604 So.2d 874 (Fla. 1st DCA 1992), the circuit court dismissed his petition for writ of mandamus to compel the Department of Corrections (Department) to consider his grievance appeal on the merits. Finding...

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