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McNEIL v. COX

No. SC06-301.

997 So.2d 343 (2008)

Walter A. McNEIL, Petitioner, v. Leo J. COX, etc., Respondent.

Supreme Court of Florida.

December 4, 2008.

Attorney(s) appearing for the Case

Bill McCollum, Attorney General, Steven Todd Gold, Deputy Solicitor General, and Joy A. Stubbs, Assistant Attorney General, Tallahassee, FL, and Susan A. Maher, Deputy General Counsel, Department of Corrections, Tallahassee, FL, for Petitioner.

Stephen H. Grimes and Matthew H. Mears of Holland and Knight, LLP, Tallahassee, FL, for Respondent.

PER CURIAM.

We have for review Cox v. Crosby, 31 Fla. L. Weekly D310, ___ So.2d ___, 2006 WL 176681 (Fla. 1st DCA Jan.26, 2006), wherein the district court certified the following question, which we have rephrased as follows:

Does the holding in Schmidt v. Crusoe, 878 So.2d 361 (Fla.2003), extend to all gain time actions, regardless of their nature, in which, if successful, the complaining party's claim would...

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