LAWRENCE LEE JONES, APPELLANT,
v.
HARRY K. SINGLETARY, JR., APPELLEE

Fla. 1st DCA | 1998-05-20
No. 96-791
WOLF, MICKLE and LAWRENCE, JJ., concur.
709 So. 2d 656 Florida District Court of Appeal, First District (1998) Positive Treatment
Cited by 3 cases

Opinion of the Court
PER CURIAM.

PER CURIAM.

In accordance with Sheley v. Florida Parole Comm’n, 703 So. 2d 1202 (Fla. 1st DCA 1997), we treat this appeal as a petition for writ of certiorari, and upon appellee’s proper confession of error, we conclude that the trial court departed from the essential requirements of law by denying the petition for writ of mandamus without affording petitioner the opportunity to reply to respondent’s response below. See Bard v. Wolson, 687 So. 2d 254 (Fla. 1st DCA 1996). Accordingly, the trial court’s order denying the petition for writ of mandamus is quashed, and the matter is remanded for further proceedings.

REVERSED and REMANDED for further proceedings.

WOLF, MICKLE and LAWRENCE, JJ., concur.


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  • Huffman v. Fla. Dep't OF Corr., 981 So. 2d 482 (Fla. 1st DCA 2008)
    …before time for filing of reply had expired, court should not have ruled on the merits without first ruling on the motion for continuance). Its failure to do so constitutes a departure from the essential requirements of law. See Jones v. Singletary, 709 So. 2d 656 (Fla. 1st DCA 1998); Bard v. Wolson, 687 So. 2d 254 (Fla. 1st DCA 1996). Accordingly, the petition for writ of cer-tiorari is GRANTED, the circuit court’s order is QUASHED, and the cause is REMANDED with directions to permit petitioner the opportu…
  • Vonsher Adams v. Fla. Parole Comm'n, 734 So. 2d 603 (Fla. 1st DCA 1999)
    …RIAM. We conclude that the trial court departed from the essential requirements of law by denying the petition for writ of habeas corpus without affording petitioner the opportunity to reply to respondent’s response below. See Jones v. Singletary, 709 So. 2d 656 (Fla. 1st DCA 1998); Bard v. Wolson, 687 So. 2d 254 (Fla. 1st DCA 1996). Accordingly, the trial court’s order denying the petition for writ of habeas corpus is quashed and the matter is remanded for further proceedings. REVERSED and REMANDED for f…
  • Zacke v. Moore, 808 So. 2d 270 (Fla. 1st DCA 2002)
    …PER CURIAM. We conclude that the circuit court departed from the essential requirements of law by denying the petitioner’s request for mandamus relief without affording him the opportunity to reply to the respondent below. See Jones v. Singletary, 709 So. 2d 656 (Fla. 1st DCA 1998); Bard v. Wolson, 687 So. 2d 254 (Fla. 1st DCA 1996). Accordingly, the circuit court’s order denying the petition for writ of mandamus is quashed, and this case is remanded to the [*271] circuit court for further proceedings. We n…

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