NEBUCHADNEZZAR WRISPER, APPELLANT,
v.
FLORIDA DEPARTMENT OF CORRECTIONS, APPELLEE
NEBUCHADNEZZAR WRISPER, APPELLANT,
FLORIDA DEPARTMENT OF CORRECTIONS, APPELLEE
765 So. 2d 295
Florida District Court of Appeal, First District (2000)
Positive Treatment
Cited by 3 cases
Opinion of the Court
PER CURIAM.
Nebuchadnezzar Wrisper appeals an order of the Circuit Court for Leon County which dismissed his petition for writ of mandamus for failure to comply with section 57.085(7), Florida Statutes, to be certified as indigent in lieu of payment of the appropriate filing fee. The appellee moves for a relinquishment of jurisdiction to the trial court in light of Jackson v. Florida Department of Corrections, 25 Fla. Law Weekly S353, — So. 2d -, 2000 WL 551034 (Fla. May 4, 2000), which held sec tion 57.085(7) to be unconstitutional. We treat the motion as a confession of error and remand to the Circuit Court for further proceedings.
REVERSED.
KAHN, WEBSTER and VAN NORTWICK, JJ„ concur.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
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Green v. Moore, 777 So. 2d 425 (Fla. 1st DCA 2000)…der. Fla. R.App.P. 9.040(c). Finally, we find that a disposition more appropriate than relinquishment of jurisdiction is to reverse and remand the case to the circuit court for further proceedings. Cf. Wrisper v. Florida Department of Corrections, 765 So. 2d 295 (Fla. 1st DCA 2000) (reversing where appellee moved to relinquish jurisdiction because the statute on which the circuit court relied to dispose of case had been declared unconstitutional). REVERSED. LAWRENCE, DAVIS and VAN NORTWICK, JJ., concur.…
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Wright v. Moore, 776 So. 2d 966 (Fla. 1st DCA 2000)…ekly S353, — So. 2d -, 2000 WL 33114471 (Fla. May 4, 2000), which held section 57.085(7) to be unconstitutional. We find that the appropriate disposition is to reverse and remand for further proceedings. Wrisper v. Florida Department of Corrections, 765 So. 2d 295 (Fla. 1st DCA 2000). REVERSED. LAWRENCE, DAVIS and VAN NORTWICK, JJ., concur.…
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Rowe v. State, 777 So. 2d 1010 (Fla. 1st DCA 2000)…or noncompliance with section 57.085, Florida Statutes, is error. See Doss v. Florida Dep’t of Corrections, 770 So. 2d 207, 207 (Fla. 1st DCA 2000); Wilson v. Moore, 767 So. 2d 1246, 1246 (Fla. 1st DCA 2000); Wrisper v. Florida Dep’t of Corrections, 765 So. 2d 295, 295-96 (Fla. 1st DCA 2000). Several months before the circuit court dismissed Mr. Rowe’s petition, important parts of section 57.085 were adjudicated unconstitutional. See Jackson v. Florida Dep’t of Corrections, 25 Fla. L. Weekly S353, S354, - So.…