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HEAD v. McNEIL

No. 1D07-526.

975 So.2d 583 (2008)

William HEAD, Appellant, v. Walter A. McNEIL, Secretary, Florida Department of Corrections, Appellee.

District Court of Appeal of Florida, First District.

February 28, 2008.

Attorney(s) appearing for the Case

William Head, pro se, Appellant.

Sean T. Garner, Assistant General Counsel, Florida Department of Corrections, Tallahassee, for Appellee.

PER CURIAM.

William Head, Appellant, seeks review of a circuit court order dismissing his petition for writ of mandamus as untimely under section 95.11(8), Florida Statutes (2006). Appellant argues that the circuit court erred in applying section 95.11(8) instead of 95.11(5)(f), Florida Statutes (2006), when it dismissed his petition. The State concedes that the circuit court applied the incorrect statutory provision. We agree and reverse the circuit court's order...

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