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SMALL v. CROSBY

No. 4D04-1614.

877 So.2d 911 (2004)

Kevin SMALL, Petitioner, v. James CROSBY, Respondent.

District Court of Appeal of Florida, Fourth District.

July 21, 2004.

Attorney(s) appearing for the Case

Kevin Small, South Bay, pro se.

No response required for respondent.

PER CURIAM.

Kevin Small seeks a writ of certiorari, challenging the lower court's refusal to rule on his mandamus petition because of his failure to pay a filing fee pursuant to section 57.085, Florida Statutes (2004). Small's mandamus petition alleged that the Department of Corrections miscalculated his tentative release date.

Pursuant to Schmidt v. Crusoe, 2003 WL 1987971, 878 So.2d 361 (Fla. May 1, 2003), Small...

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