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ANDERSON v. MOORE

No. 1D00-1097.

766 So.2d 362 (2000)

Eric ANDERSON, Appellant, v. Michael W. MOORE, Secretary, Florida Department of Corrections, Appellee.

District Court of Appeal of Florida, First District.

July 26, 2000.

Attorney(s) appearing for the Case

Eric Anderson, pro se, appellant.

Louis A. Vargas, General Counsel, and Wendy E. Benner-Leon, Assistant General Counsel, Tallahassee, for appellee.

PER CURIAM.

We elect to treat appellee's motion to relinquish jurisdiction and remand for determination of whether appellant demonstrated exhaustion as a confession of error. Accordingly, this cause is reversed and remanded with directions to the trial court to reconsider appellant's motion for rehearing.

REVERSED AND REMANDED.

BOOTH, MINER and VAN NORTWICK...

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