Opinion
No. 88-67.
December 14, 1988.
An Appeal from the Circuit Court for Leon County; Charles McClure, Judge.
Henry C. Tims, pro se.
Robert A. Butterworth, Atty. Gen., and Marilyn K. Morris, Asst. Atty. Gen., Tallahassee, Richard L. Dugger, Secretary, Dept. of Corrections, for appellees.
We find the circumstances of this case appear to be controlled by the rule pronounced by this court in Mayo v. Dugger, 535 So.2d 300 (Fla. 1st DCA 1988), On Motion for Rehearing and Clarification. Accordingly, the order denying appellant's petition for writ of mandamus is reversed, and the matter is remanded for further proceedings.
JOANOS, WIGGINTON and NIMMONS, JJ., concur.