Summary
reversing where appellee moved to relinquish jurisdiction because the statute on which the circuit court relied to dispose of case had been declared unconstitutional
Summary of this case from Green v. MooreOpinion
No. 1D00-1304.
Opinion filed August 22, 2000.
An appeal from an order of the Circuit Court for Leon County, John E. Crusoe, Judge.
Nebuchadnezzar Wrisper, pro se, appellant.
Robert A. Butterworth, Attorney General, and Caryl Kilinski, Assistant Attorney General, Tallahassee, for appellee.
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 (Fla. May 4, 2000), which held section 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.