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Talley v. Crosby

District Court of Appeal of Florida, First District
Dec 3, 2004
888 So. 2d 708 (Fla. Dist. Ct. App. 2004)

Opinion

No. 1D04-1734.

December 3, 2004.

On appeal from an order of the circuit court of Leon County, Judge Charles A. Francis.

Appellant, pro se.

Charles J. Crist, Jr., Attorney General, and Wendy Benner-Leon, Assistant Attorney General, for Respondent.


Because the circuit court proceeding was concluded on grounds other than the merits, we sua sponte treat the petition for certiorari as an appeal from the circuit court's order. See Green v. Moore, 777 So.2d 425 (Fla. 1st DCA 2000). The circuit court's order transferring the petition for writ of mandamus is REVERSED and the case is REMANDED with directions to proceed to a disposition on the merits of the petition for mandamus. See Davidson v. Crosby, 883 So.2d 866 (Fla. 1st DCA 2004); Burgess v. Crosby, 870 So.2d 217 (Fla. 1st DCA 2004).

ERVIN, BARFIELD, and KAHN, JJ., concur.


Summaries of

Talley v. Crosby

District Court of Appeal of Florida, First District
Dec 3, 2004
888 So. 2d 708 (Fla. Dist. Ct. App. 2004)
Case details for

Talley v. Crosby

Case Details

Full title:Micah TALLEY, Appellant, v. James V. CROSBY, Jr., Secretary, Department of…

Court:District Court of Appeal of Florida, First District

Date published: Dec 3, 2004

Citations

888 So. 2d 708 (Fla. Dist. Ct. App. 2004)