JEFFREY PATE v. JAMES V. CROSBY, JR., Secretary, Department of Corrections

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IN THE DISTRICT COURT OF APPEAL FIRST DISTRICT, STATE OF FLORIDA JEFFREY PATE, Appellant, NOT FINAL UNTIL TIME EXPIRES TO FILE REHEARING MOTION AND DISPOSITION THEREOF IF FILED. v. CASE NO. 1D03-4565 JAMES V. CROSBY, JR., Secretary, Department of Corrections, Appellee. Opinion filed May 17, 2004. An appeal from an order of the Circuit Court for Leon County. Charles A. Francis, Judge. Jeffrey Pate, pro se, appellant. Charlie Crist, Attorney General, and Joy A. Stubbs, Assistant Attorney General, 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. 2

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