ROGER SMITH, PETITIONER,
v.
FLORIDA DEPARTMENT OF CORRECTIONS AND FLORIDA PAROLE COMMISSION, RESPONDENTS

Fla. 1st DCA | 2004-09-22
No. 1D04-0817
ERVIN, PADOVANO and LEWIS, JJ., concur.
882 So. 2d 1090 Florida District Court of Appeal, First District (2004) Positive Treatment
Cited by 2 cases
Opinion of the Court
PER CURIAM.

[*1091] PER CURIAM.

As the Parole Commission concedes, the circuit court erred in denying Smith’s petition for writ of habeas corpus without affording him the opportunity to réply to the Commission’s response. See Fla. R.App. P. 9.100(k); Cf., Bard v. Wolson, 687 So. 2d 254 (Fla. 1st DCA 1996). Accordingly, the circuit court’s order is quashed and this cause is remanded with directions to reconsider the matter after affording petitioner the opportunity to file a reply. In light of this disposition, we decline to address the other arguments presented by petitioner. ERVIN, PADOVANO and LEWIS, JJ., concur.

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  • McCARTHY v. Fla. Parole Comm'n, 889 So. 2d 1018 (Fla. 1st DCA 2005)
    …the Parole Commission concedes, the circuit, court erred in denying McCarthy’s petition for writ of habeas corpus prior to expiration of the time afforded for him to reply to the Commission’s response. See Smith v. Florida Department of Corrections, 882 So. 2d 1090 (Fla. 1st DCA 2004); cf., Bard v. Wolson, 687 So. 2d 254 (Fla. 1st DCA 1997). We note that McCarthy tendered a reply contemporaneously with the filing of his motion for rehearing below. Accordingly, the circuit court’s order is quashed and this caus…
  • Peterson v. Fla. Parole Comm'n, 959 So. 2d 436 (Fla. 1st DCA 2007)
    …court erred in denying Peterson’s petition for writ of habeas corpus without affording him sufficient time to reply to the Commission’s response. See McCarthy v. Fla. Parole Comm’n, 889 So. 2d 1018 (Fla. 1st DCA 2005); Smith v. Fla. Dept. of Corrs., 882 So. 2d 1090 (Fla. 1st DCA 2004); Bard v. Wolson, 687 So. 2d 254, 255-256 (Fla. 1st DCA 1996). Accordingly, we GRANT the writ of certiorari and QUASH the circuit court’s order. BARFIELD, ALLEN, and HAWKES, JJ., concur.…

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