Braddy v. State

District Court of Appeal of Florida

Decided December 21, 1988

District Court of Appeal of Florida · decided 1988-12-21

Relies on Moore v. Wainwright

Good law ✅— No negative treatment on recordhow we know

Decided 1988-12-21

How this case has been cited

Cited by 10 later decisions — most recently February 2019

1 federal appellate · 5 state decisions

Later decisions citing this case, by decade. The current decade is in progress, and our corpus holds fewer opinions from the most recent years, so the latest bars are undercounted — not a real decline.

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PER CURIAM.

¶1Reversed and remanded for an evidentia-ry hearing.1 The appellant has made a prima facie showing, supported by his own sworn statements, that he was not afforded notice of the disciplinary proceedings conducted against him. The resolution of his claim requires an evidentiary hearing. See Moore v. Wainwright, 366 So.2d 183 (Fla. 1st DCA 1979).

HERSEY, C.J., and DOWNEY and ANSTEAD, JJ., concur.

¶2. Of course, these proceedings would be mooted if the appellee decided to afford the appellant a new administrative hearing with proper notice given to appellant.