David Charles Sussman v. Dept. of Corrections
CourtDistrict Court of Appeal of Florida
Date FiledOctober 14, 2020
Docket1D19-1452
StatusPublished
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Full Opinion
FIRST DISTRICT COURT OF APPEAL
STATE OF FLORIDA
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No. 1D19-1452
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DAVID CHARLES SUSSMAN,
Appellant,
v.
DEPT. OF CORRECTIONS,
Appellee.
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On appeal from the Circuit Court for Leon County.
John C. Cooper, Judge.
October 14, 2020
PER CURIAM.
We acknowledge that the sanctions against pro se filings of
Appellant (on which the dismissal of his writ of mandamus was
based) have been reversed by this Court in 1D17-3770.
Nonetheless, we agree with Appellee that the lower court’s denial
should be affirmed on two alternative bases—Appellant’s petition
was untimely as filed more than 30 days following the resolution
of his original grievance under section 95.11(8), Florida Statutes
(2017); and secondly, he fails to show that he properly exhausted
his administrative remedies. Jackson v. Parkhouse, 826 So. 2d 478,
479 (Fla. 1st DCA 2002) (stating that petitioner was required to
“plead and prove” that he had exhausted administrative remedies
regarding the Department’s denial of access to courts in order to
be entitled to any mandamus relief against the Department or its
employees). An inmate properly satisfies this exhaustion
requirement by perfecting his appeal at the Bureau of Inmate
Grievance appeals.
“If the trial court reaches the right result, but for the wrong
reasons, it will be upheld if there is any basis which would support
the judgment in the record.” Dade County School Board v. Radio
Station WQBA, 731 So. 2d 638, 644 (Fla. 1999).
AFFIRMED.
BILBREY, WINOKUR, and M.K. THOMAS, 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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David C. Sussman, pro se, Appellant.
Ashley Moody, Attorney General, and Kristen J. Lonergan,
Assistant Attorney General, Tallahassee, for Appellee.
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