We elect to treat appellee’s motion to relinquish jurisdiction as a confession of error. The circuit court’s order of dismissal is vacated pursuant to Jackson v. Florida Department of Corrections, 25 Fla. L. Weekly S353, — So.2d —, 2000 *93WL 33114471 (Fla. May 4, 2000). The cause is remanded for further proceedings.

REVERSED AND REMANDED.