Opinion
No. SC09-63.
August 14, 2009.
Lower Tribunal No(s). 4D08-3911.
Petitioner filed a petition for writ of mandamus seeking reinstatement of the petition for writ of certiorari in Case No. 4D08-3911. Having considered the petition and responses from the parties and the district court of appeal, the Court determines the petition below was improperly dismissed. The petition for writ of mandamus is hereby granted but the Court withholds issuance of the writ at this time. See Griffin v. Sistuenck, 816 So. 2d 600, 601 (Fla. 2002); Sky Lake Gardens Recreation, Inc. v. District Court of Appeal, Third District, 511 So. 2d 293, 294 (Fla. 1987); cf. Topps v. State, 865 So. 2d 1253 (Fla. 2004).
LEWIS, CANADY, POLSTON, LABARGA, and PERRY, JJ., concur.