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McCLAIN v. MOORE

No. 1D01-3182.

803 So.2d 845 (2001)

Dewey McCLAIN, Petitioner, v. Michael W. MOORE, Secretary, Florida Department of Corrections, Respondent.

District Court of Appeal of Florida, First District.

December 31, 2001.

Attorney(s) appearing for the Case

Dewey McClain, pro se, petitioner.

Robert A. Butterworth, Attorney General, and Terri Leon Benner, Assistant Attorney General, Tallahassee, for respondent.

PER CURIAM.

We elect to treat respondent's motion to relinquish jurisdiction and remand for further fact-finding as a confession of error. Accordingly, the petition for writ of certiorari is granted and the final order of the circuit court is hereby vacated. The cause is remanded to the circuit court for further proceedings.

PETITION GRANTED.

ALLEN, C.J., BOOTH and BENTON...

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