MARK ALAN REYNOLDS, APPELLANT,
v.
HARRY K. SINGLETARY, JR., SECRETARY, FLORIDA DEPARTMENT OF CORRECTIONS, APPELLEE

Fla. 1st DCA | 1996-08-12
No. 96-322
MINER, ALLEN and MICKLE, JJ., concur.
677 So. 2d 988 Florida District Court of Appeal, First District (1996) Positive Treatment
Cited by 2 cases

Opinion of the Court
PER CURIAM.

PER CURIAM.

Appellant’s petition for writ of mandamus was denied for failure to exhaust administrative remedies. Appellee files a motion to relinquish jurisdiction asserting that it has determined that appellant did, in fact, exhaust his administrative remedies. Appellee submits that this court should relinquish jurisdiction to allow the trial court to consider the merits of the petition. We elect to construe appellee’s motion to relinquish jurisdiction as a confession of error. This cause is REVERSED and REMANDED to the trial court to consider the merits of appellant’s claims.

MINER, ALLEN and MICKLE, JJ., concur.


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  • Crespo v. Fla. Reemployment Assistance Appeals Comm'n, 128 So. 3d 49 (Fla. 3d DCA 2012)
    …o support the findings of the appeals referee. Although we denied the Commission's motion to relinquish, we have properly considered, in determining the merits of this appeal, the positions set forth in that motion. See e.g., Reynolds v. Singletary, 677 So. 2d 988 (Fla. 1st DCA 1996).…

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