RICHARD DOSS, APPELLANT,
v.
FLORIDA DEPARTMENT OF CORRECTIONS, APPELLEE
RICHARD DOSS, APPELLANT,
FLORIDA DEPARTMENT OF CORRECTIONS, APPELLEE
770 So. 2d 207
Florida District Court of Appeal, First District (2000)
Positive Treatment
Cited by 1 case
Opinion of the Court
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, — So. 2d -, 2000 WL 551034(Fla. May 4, 2000), which held section 57.085(7) to be unconstitutional. We elect to treat appel-lee’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.
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Rowe v. State, 777 So. 2d 1010 (Fla. 1st DCA 2000)…of section 57.085, Florida Statutes (1999), or pay a filing fee. We have previously held that dismissal of a petition for writ of mandamus for 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, importa…