10-2842 WILLIAM C. SMITH, v. GREG RISKA, Warden and WALTER A. McNEIL, Secretary, Florida Department of Corrections

State: Florida

Court: Florida First District Court

Docket No: 10-2842

Case Date: 12/29/2010

Preview:IN THE DISTRICT COURT OF APPEAL FIRST DISTRICT, STATE OF FLORIDA WILLIAM C. SMITH, Appellant, v. CASE NO. 1D10-2842 GREG RISKA, Warden, and WALTER A. McNEIL, Secretary, Florida Department of Corrections, Appellees. _______________________________/ Opinion filed December 29, 2010. An appeal from the Circuit Court for Taylor County. James Roy Bean, Judge. William C. Smith, pro se, Appellant. Bill McCollum, Attorney General, and Eric Neiberger, Assistant Attorney General, Tallahassee, for Appellees. PER CURIAM. In accordance with appellees' proper concession of error and motion to remand, the order of dismissal being appealed herein is reversed. The matter is remanded to the lower tribunal with directions to transfer the petition for writ of mandamus to the Circuit Court for the Second Judicial Circuit, in and for Leon County, for further proceedings. See Bush v. State, 945 So. 2d 1207 (Fla. 2006). REVERSED and REMANDED. BENTON, C.J., VAN NORTWICK and ROBERTS, JJ., CONCUR. NOT FINAL UNTIL TIME EXPIRES TO FILE MOTION FOR REHEARING AND DISPOSITION THEREOF IF FILED.

Download 10-2842 WILLIAM C. SMITH, v. GREG RISKA, Warden and WALTER A. McNEIL, Secretary,