JABARI STEPHENS v. JAMES CROSBY, Secretary, Florida Department of Corrections

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IN THE DISTRICT COURT OF APPEAL FIRST DISTRICT, STATE OF FLORIDA JABARI STEPHENS, Appellant, NOT FINAL UNTIL TIME EXPIRES TO FILE REHEARING MOTION AND DISPOSITION THEREOF IF FILED. v. CASE NO. 1D04-0969 JAMES CROSBY, Secretary, Florida Department of Corrections, Appellee. Opinion filed July 30, 2004. An appeal from an order of the Circuit Court for Leon County. Charles A. Francis, Judge. Jabari Stephens, 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, 870 So. 2d 217 (Fla. 1st DCA 2004). The case is remanded to the Circuit Court for Leon County for a decision on the merits. WOLF, C.J., DAVIS and HAWKES, JJ., concur. 2

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