This court will treat appellee’s motion for relinquishment of jurisdiction as a confession of error that summary denial of the petition for writ of mandamus was error. See, e.g., Pure Fresh Enterprises, Inc. v. Division of Alcoholic Beverages and Tobacco, 519 So.2d 676 (Fla. 1st DCA 1988). Accordingly, the order on appeal is reversed and remanded for further proceedings.