Fuster-Escalona v. Florida Department of Corrections , 2005 Fla. App. LEXIS 607 ( 2005 )

PER CURIAM.

The order of dismissal is reversed on the authority of Burgess v. Crosby, 870 So.2d 217 (Fla. 1st DCA 2004). The case is remanded to the Circuit Court for Leon County for a decision on the merits.

REVERSED.

BENTON and LEWIS, JJ., concur. THOMAS, J., concurs in result by written opinion.