PHILLIP DYLAN HOLLAND v. JAMES V. CROSBY, JR., Secretary, Florida Department of Corrections

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IN THE DISTRICT COURT OF APPEAL FIRST DISTRICT, STATE OF FLORIDA PHILLIP DYLAN HOLLAND, Appellant, NOT FINAL UNTIL TIME EXPIRES TO FILE REHEARING MOTION AND DISPOSITION THEREOF IF FILED. v. CASE NO. 1D03-5392 JAMES V. CROSBY, JR., Secretary, Florida Department of Corrections, Appellee. Opinion filed August 18, 2004. An appeal from an order of the Circuit Court for Leon County. Charles A. Francis, Judge. Phillip Dylan Holland, appellant, pro se. Charlie Crist, Attorney General, and Carrie R. McNair, Assistant Attorney General, Tallahassee, for appellee. PER CURIAM. The order dismissing appellant s petition for writ of mandamus is reversed and the matter remanded on the authority of Burgess v. Crosby, 870 So. 2d 217 (Fla. 1st DCA 2004). On remand, the circuit court shall consider the merits of the petition. ERVIN, ALLEN and HAWKES, JJ., concur. 2

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