Baker v. McNeil

Robin BAKER, Appellant, v. Walter A. McNEIL, Secretary, Florida Department of Corrections, Appellee.

District Court of Appeal of Florida

Decided April 10, 2008.

District Court of Appeal of Florida · decided 2008-04-10

Relies on 967 So. 2d 412 - Canete v. Florida Dept. of Corrections

Decided 2008-04-10

¶1Robin Baker, pro se, Appellant.

¶2Beverly Brewster, Assistant General Counsel, Department of Corrections, Tallahassee, for Appellee.

¶3PER CURIAM.

¶4As conceded by appellee, the trial court incorrectly dismissed appellant's petition *349 for writ of mandamus because it was untimely. See Canete v. Fla. Dep't of Corr.,967 So.2d 412 (Fla. 1st DCA 2007). We, therefore, reverse the order of the trial court and remand for further proceedings to address the petition.

¶5ALLEN, WOLF, and POLSTON, JJ., concur.