CHARLES A. MINOTT, APPELLANT,
v.
STATE OF FLORIDA, ET AL., APPELLEES
CHARLES A. MINOTT, APPELLANT,
STATE OF FLORIDA, ET AL., APPELLEES
718 So. 2d 381
Florida District Court of Appeal, Fifth District (1998)
Positive Treatment
Cited by 1 case
Opinion of the Court
PER CURIAM.
The Florida Parole Commission concedes that the trial court’s order denying habeas corpus should be vacated in order to give the petitioner, Charles A. Minott, an opportunity to serve a reply to the Commission’s response. Bard v. Wolson, 687 So. 2d 254 (Fla. 1st DCA 1996) (where response does not contain mere denial but sets forth matters in the nature of affirmative defenses or avoid-ances, appellant should have 20 days to serve a reply). We vacate the order denying the writ and instruct the trial court on remand to allow Minott twenty days to file a reply to the Commission’s response, before granting or denying the writ.
ORDER VACATED; REMANDED.
W. SHARP, PETERSON and THOMPSON, JJ., concur.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
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Wigfals v. McDONOUGH, 925 So. 2d 485 (Fla. 2d DCA 2006)…cuit court erred in denying Wigfals’ petition for writ of habeas corpus prior to expiration of the time afforded for him to reply to the Commission’s response. See McCarthy v. Fla. Parole Comm’n, 889 So. 2d 1018 (Fla. 1st DCA 2005); Minott v. State, 718 So. 2d 381 (Fla. 5th DCA 1998); Bard v. Wolson, 687 So. 2d 254 (Fla. 1st DCA 1996). We therefore grant the cer-tiorari petition and quash the order denying the writ of habeas corpus. The trial court is instructed to allow Wigfals twenty days to file a reply to…
Authorities Cited
- Bard v. Wolson, 687 So. 2d 254 (Fla. 1st DCA 1996)