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THOMPSON v. McDONOUGH

No. 1D07-3425.

967 So.2d 971 (2007)

Christopher James THOMPSON, Appellant, v. James R. McDONOUGH, Secretary, Florida Department of Corrections, Appellee.

District Court of Appeal of Florida, First District.

October 24, 2007.

Attorney(s) appearing for the Case

Christopher James Thompson, pro se, Appellant.

Bill McCollum, Attorney General, and Linda Horton Dodson, Assistant Attorney General, Tallahassee, for Appellee.

PER CURIAM.

Appellant seeks review of an order of the circuit court which dismissed his mandamus petition as having been filed outside the time limitation for such claims provided for by section 95.11(8), Florida Statutes. The Department moves for remand, essentially conceding error and agreeing that the mandamus petition was given to prison officials for mailing (and therefore filed under the provisions of Florida Rule of Appellate Procedure 9.420(a)(2)) before expiration...

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