          FIRST DISTRICT COURT OF APPEAL
                 STATE OF FLORIDA
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                         No. 1D18-3512
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JIMMY STEPHENS,

    Appellant,

    v.

FLORIDA DEPARTMENT OF
CORRECTIONS,

    Appellee.
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On appeal from the Circuit Court for Leon County.
John C. Cooper, Judge.

                         October 1, 2019


PER CURIAM.

     Jimmy Stephens appeals an order dismissing his petition for
writ of mandamus. He claims that the filing of his petition was
timely under section 95.11(8), Florida Statutes, and that the trial
court erred in dismissing his action without holding an evidentiary
hearing on the issue of whether Stephens received the response to
his grievance appeal (it appears to have been sent to the incorrect
facility). Because a disputed issue of fact exists, the dismissal of
Stephens’ petition is erroneous, see Owens v. Crews, 131 So. 3d 799
(Fla. 1st DCA 2013), and we remand for an evidentiary hearing.

    REVERSE and REMAND for further proceedings.

MAKAR, OSTERHAUS, and BILBREY, JJ., concur.
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    Not final until disposition of any timely and
    authorized motion under Fla. R. App. P. 9.330 or
    9.331.
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Jimmy Stephens, pro se, Appellant.

Kenneth S. Steely, General Counsel, Department of Corrections,
Ashley Moody, Attorney General, and Leslie A. Healer and Brett
Michael Roy Coleman, Assistant Attorneys General, Tallahassee,
for Appellee.




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