Larry Greggs vs Florida Commission on Offender Review

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IN THE DISTRICT COURT OF APPEAL FIRST DISTRICT, STATE OF FLORIDA LARRY GREGGS, Appellant, v. NOT FINAL UNTIL TIME EXPIRES TO FILE MOTION FOR REHEARING AND DISPOSITION THEREOF IF FILED CASE NO. 1D15-1390 FLORIDA COMMISSION ON OFFENDER REVIEW, Appellee. _____________________________/ Opinion filed November 24, 2015. An appeal from the Circuit Court for Leon County. James C. Hankinson, Judge. Larry Greggs, pro se, Appellant. Sarah J. Rumph, General Counsel, Florida Commission on Offender Review, Tallahassee, for Appellee. PER CURIAM. Appellant, a parole-eligible prisoner, argues the circuit court erred in dismissing his petition for writ of mandamus in which he challenged a decision of the Florida Parole Commission but inadvertently listed the Department of Corrections as the respondent in the style of the case. Rather than dismissing the petition, appellant argues the court should have substituted the Commission as the respondent, as requested by appellant and the Department. The Commission correctly concedes error. See Fla. R. App. P. 9.360(c)(1). Thus, we reverse and remand with instructions to substitute the Commission as the respondent. REVERSED and REMANDED. WOLF, BILBREY and WINOKUR, JJ., CONCUR. 2

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