IN THE DISTRICT COURT OF APPEAL
FIRST DISTRICT, STATE OF FLORIDA
COY W. BELLAMY,
NOT FINAL UNTIL TIME EXPIRES TO
Appellant, FILE MOTION FOR REHEARING AND
DISPOSITION THEREOF IF FILED
CASE NO. 1D07-2766
WALTER A. McNEIL, Secretary,
Florida Department of Corrections,
Opinion filed April 20, 2009.
An appeal from the Circuit Court for Gulf County.
Hentz McClellan, Judge.
Coy W. Bellamy, Pro Se.
Bill McCollum, Attorney General, and Marcus O. Graper, Assistant Attorney
General, Office of the Attorney General, Tallahassee, for Appellee.
Coy Bellamy appeals the denial of his petition for writ of mandamus.
Bellamy contends that the trial court should have issued an alternative writ of
mandamus requiring the Department of Corrections to show cause why the writ
should not be issued. We agree and reverse with instructions to the trial court to
issue an order to show cause.
Bellamy alleged that his legal documents were lost or misplaced by the
Department and that he was not given the opportunity to verify that all of his
inventoried property was returned to him before signing a receipt for his items.
Because Bellamy’s petition for writ of mandamus was facially sufficient, the
decision of the trial court is reversed with instructions to issue an alternative writ
of mandamus requiring the Department to show cause why the writ should not be
HAWKES, C.J., PADOVANO and ROBERTS, JJ., CONCUR.