District Court of Appeal of Florida July 26, 2000, No. 1D00-1097 (Anderson v. Moore)

PER CURIAM.

We elect to treat appellee’s motion to relinquish jurisdiction and remand for determination of whether appellant demonstrated exhaustion as a confession of error. Accordingly, this cause is reversed and remanded with directions to the trial court to reconsider appellant’s motion for rehearing.

REVERSED AND REMANDED.

BOOTH, MINER and VAN NORTWICK, JJ„ concur.