07-1699 ROBIN BAKER v. WALTER McNEIL, DEPT. OF CORRECTIONS

State: Florida

Court: Florida First District Court

Docket No: 07-1699

Case Date: 04/10/2008

Preview:IN THE DISTRICT COURT OF APPEAL FIRST DISTRICT, STATE OF FLORIDA ROBIN BAKER, Appellant, v. WALTER A. McNEIL, Secretary, Florida Department of Corrections, Appellee. ___________________________/ Opinion filed April 10, 2008. An appeal from the Circuit Court for Leon County. Terry P. Lewis, Judge. Robin Baker, pro se, Appellant. Beverly Brewster, Assistant General Counsel, Department of Corrections, Tallahassee, for Appellee. NOT FINAL UNTIL TIME EXPIRES TO FILE MOTION FOR REHEARING AND DISPOSITION THEREOF IF FILED CASE NO. 1D07-1699

PER CURIAM. As conceded by appellee, the trial court incorrectly dismissed appellant's petition for writ of mandamus because it was untimely. See Canete v. Fla. Dep't of Corr., 967 So. 2d 412 (Fla. 1st DCA 2007). We, therefore, reverse the order of the trial court and remand for further proceedings to address the petition. ALLEN, WOLF, and POLSTON, JJ., CONCUR.

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