IN THE DISTRICT COURT OF APPEAL FIRST DISTRICT, STATE OF FLORIDA THOMAS SPENCER, Appellant, v. CASE NO. 1D03-4029 JAMES V. CROSBY, JR., Secretary, Department of Corrections, Appellee. NOT FINAL UNTIL TIME EXPIRES TO FILE REHEARING MOTION AND DISPOSITION THEREOF IF FILED.
Opinion filed May 17, 2004. An appeal from an order of the Circuit Court for Leon County. Charles A. Francis, Judge. Thomas Spencer, pro se, appellant. Rosa Carson, General Counsel, and Chris Korn, Assistant General Counsel, Department of Corrections, Tallahassee, for appellee.
PER CURIAM. The order of dismissal is reversed on the authority of Burgess v. Crosby , 29 Fla. L. Weekly D718 (Fla. 1st DCA March 23, 2004). The case is remanded to the Circuit Court for Leon County for further proceedings. REVERSED AND REMANDED.
BARFIELD, DAVIS and POLSTON, JJ., concur.