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947 So. 2d 537

Prater v. McDonough

District Court of Appeal of Florida

Decided December 22, 2006

District Court of Appeal of Florida · decided 2006-12-22

Relies on Prater v. McDonough

Decided 2006-12-22

PER CURIAM.

¶1We reverse and remand the denial of Prater’s petition for writ of mandamus. Contrary to the trial court’s order, prisoners may petition to initiate rulemaking under the Administrative Procedure Act. See § 120.81(3), Fla. Stat. (2005) (explaining that prisoners may petition to initiate rule-making pursuant to section 120.54(7)). We do not, however, disturb the trial court’s sanctions order entered in a companion case. See Prater v. McDonough, No. 1D05-5027, 947 So.2d 538, 2006 WL 3751499 (Fla. 1st DCA Dec.22, 2006). Accordingly, all further action in this case shall proceed in accordance with that order by requiring Prater to either pay the filing fee or retain counsel.

¶2REVERSED and REMANDED.

KAHN, HAWKES and THOMAS, JJ., concur.
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