
    Jeffrey PATE, Appellant, v. James V. CROSBY, Jr., Secretary, Department of Corrections, Appellee.
    No. 1B04-1123.
    District Court of Appeal of Florida, First District.
    Sept. 28, 2004.
    Jeffrey Pate, pro se, appellant.
    Charlie Crist, Attorney General, and Joy A. Stubbs, Assistant Attorney General, Tallahassee, for appellee.
   PER CURIAM.

The circuit court’s order dismissing the petition for writ of mandamus is reversed and the cause is remanded with directions to proceed to a disposition on the merits of the petition. See Burgess v. Crosby, 870 So.2d 217 (Fla. 1st DCA 2004); Davidson v. Crosby, 883 So.2d 866 (Fla. 1st DCA 2004).

REVERSED AND REMANDED.

BENTON, PADOVANO and HAWKES, JJ., concur.  