Doss v. Department of Corrections

Full title: RICHARD DOSS, Appellant, v. FLORIDA DEPARTMENT OF CORRECTIONS, Appellee

Court: District Court of Appeal of Florida, First District

Date published: Oct 17, 2000

770 So. 2d 207 (Fla. Dist. Ct. App. 2000)

Opinion

Case No. 1D00-0553, 1D00-1127

Opinion filed October 17, 2000.

An appeal from an order of the Circuit Court for Leon County; John E. Crusoe, Judge.

Richard Doss, pro se, appellant.

Robert A. Butterworth, Attorney General, and Joy A. Stubbs, Assistant Attorney General, Tallahassee, for appellee.

PER CURIAM.

In these consolidated appeals, Richard Doss seeks review of orders of the circuit court which dismissed his petitions for writs of mandamus for failure to comply with a portion of a case management order requiring compliance with section 57.085(7). The appellee moves for a relinquishment of jurisdiction to the trial court in light of Jackson v. Florida Department of Corrections, 25 Fla. L. Weekly S353 (Fla. May 4, 2000), which held section 57.085(7) to be unconstitutional. We elect to treat appellee's motion as a confession of error, reverse the orders of dismissal, and remand to the circuit court for further proceedings.

BOOTH, ALLEN and PADOVANO, JJ., concur.