Florida District Courts of Appeal, 1984

Masciarelli v. Brescher ex rel. Broward County

Masciarelli v. Brescher ex rel. Broward County
Florida District Courts of Appeal · Decided December 5, 1984 · Dell, Hurley, Walden
459 So. 2d 1168; 9 Fla. L. Weekly 2536; 1984 Fla. App. LEXIS 16044 (Southern Reporter, Second Series)

Masciarelli v. Brescher ex rel. Broward County

Opinion of the Court

PER CURIAM.

We reverse the trial court order which denied appellants’ petition for writ of habe-as corpus without a hearing, which petition challenged the sufficiency of certain extradition proceedings. We do so upon the authority of Section 941.10, Florida Statutes (1983); Fauls v. Sheriff of Leon County, 384 So.2d 238 (Fla. 1st DCA 1980), approved 394, So.2d 117 (Fla. 1981); and Payne v. Askew, 350 So.2d 831 (Fla. 1st DCA 1977).

Reversed and remanded with instructions to conduct a hearing upon appellants’ petition.

Reversed and remanded.

HURLEY, DELL and WALDEN, JJ., concur.

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