
    Michael A. SAIN, Petitioner, v. STATE of Florida, Respondent.
    No. 1D03-1853.
    District Court of Appeal of Florida, First District.
    Oct. 13, 2003.
    
      Michael A. Sain, pro se, petitioner.
    Charlie Crist, Attorney General, and Elizabeth Fletcher Duffy, Assistant Attorney General, Tallahassee, for respondent.
   PER CURIAM.

Michael Sain petitions this court for a belated appeal of the order rendered on February 14, 2003, which denied his motion for postconviction relief in Duval County Circuit Court ease number 97-9405-CF-A. According to Sain, he was not timely served with a copy of the order. As the state has failed to sufficiently refute this assertion, we grant the petition. Upon issuance of mandate in this cause, a copy of this opinion shall be provided to the clerk of the circuit court for treatment as a notice of appeal. See Fla. R.App. P. 9.141(c)(5)(D).

BARFIELD, BENTON and VAN NORTWICK, JJ., concur.  