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, 888 So.2d 866 (Fla. 1st DCA 2004).
REVERSED AND REMANDED.
BENTON, PADOVANO and HAWEES, JJ., concur.