GLENN SMITH v. FLORIDA DEPARTMENT OF CORRECTIONS, CAPT. L.L. HATCHER, SGT. JEFFREY PIPPIN, CO. CHRISTOPHER M. LISTER, CO. JAN D. HEFFEL, and MARCELL JOHNSON

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IN THE DISTRICT COURT OF APPEAL FIRST DISTRICT, STATE OF FLORIDA GLENN SMITH, Appellant, v. NOT FINAL UNTIL TIME EXPIRES TO FILE MOTION FOR REHEARING AND DISPOSITION THEREOF IF FILED. CASE NO. 1D04-5179 FLORIDA DEPARTMENT OF CORRECTIONS, CAPT. L.L. HATCHER, SGT. JEFFREY PIPPIN, CO. CHRISTOPHER M. LISTER, CO. JAN D. HEFFEL, and MARCELL JOHNSON. Appellees. ______________________________/ Opinion filed May 8, 2006. An appeal from the Circuit Court for Gulf County. Judy M. Pittman, Judge. Glenn Smith, pro se, Appellant. Charlie Crist, Attorney General, and Pamela Lutton-Shields, Assistant Attorney General, Tallahassee, for Appellees. PER CURIAM. REVERSED. The Department of Corrections concedes that the trial court erred in dismissing appellant s complaint for failure to exhaust his administrative remedies. We, therefore, reverse the order of dismissal and remand for further proceedings. ALLEN, WOLF, and WEBSTER, JJ., CONCUR.

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