GARY HARALSON, APPELLANT,
v.
STATE OF FLORIDA, ET AL., APPELLEE
GARY HARALSON, APPELLANT,
STATE OF FLORIDA, ET AL., APPELLEE
844 So. 2d 817
Florida District Court of Appeal, Fifth District (2003)
Positive Treatment
Cited by 4 cases
Opinion of the Court
PER CURIAM.
Gary Haralson appeals the denial of his petition for writ of habeas corpus. He contends that the trial court erred when it denied his petition without affording him an opportunity to serve a reply to the response filed by the Florida Department of Corrections (“DOC”). We agree that Haralson should have been given the opportunity to file a reply to DOC’s response. See Fla. R.App. P. 9.100(k); Bard v. Wolson, 687 So. 2d 254 (Fla. 1st DCA 1996). Accordingly, we reverse the order and remand for further proceedings so that Haralson has an opportunity to reply to DOC’s response.
REVERSED AND REMANDED.
GRIFFIN, ORFINGER and MONACO, JJ., concur.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
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Sheppard v. Crosby, 891 So. 2d 1156 (Fla. 4th DCA 2005)…a reply and have it considered by the court. See Johnson v. Florida Parole Com’n, 873 So. 2d 611 (Fla. 1st DCA 2004) (remanding because the circuit court entered a final order before the expiration of the time for filing a reply); Haralson v. State, 844 So. 2d 817 (Fla. 5th DCA 2003) (citing rule 9.100(k) and recognizing the circuit court should have given petitioner an opportunity to reply to the Department’s response before denying the habeas petition); Salow v. State, 766 So. 2d 1222 (Fla. 5th DCA 2000) (c…
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Amos Ragan v. McDONOUGH, 958 So. 2d 1148 (Fla. 4th DCA 2007)…cuit court denied the motion for rehearing. Florida Rule of Appellate Procedure 9.100(k) indicates that a petitioner in a habeas corpus proceeding “may serve a reply.” Both Salow v. State, 766 So. 2d 1222 (Fla. 5th DCA 2000), and Haralson v. State, 844 So. 2d 817 (Fla. 5th DCA 2003), required circuit courts to reconsider deni [*1149] als of habeas corpus petitions because the courts rendered decisions without giving petitioners a chance to file a reply. See Sheppard v. Crosby, 891 So. 2d 1156 (Fla. 4th DCA 2…
Authorities Cited
- Bard v. Wolson, 687 So. 2d 254 (Fla. 1st DCA 1996)