Florida District Courts of Appeal, 1985

Larkins v. Dugger

Florida District Courts of Appeal · Decided August 9, 1985 · Ervin, Joanos, Shivers

473 So. 2d 831; 10 Fla. L. Weekly 1904; 1985 Fla. App. LEXIS 15191 (Southern Reporter, Second Series)

Cases that cite this one

1 later published case cites this decision.

BLUE CROSS & BLUE SHIELD v. Matthews (Fla. Dist. Ct. App. 1985)

This list shows which later cases cite this one. It does not say how they treated it, and no review of that has been done. Not a substitute for Shepard’s or KeyCite — verify before relying.

Opinion of the Court

PER CURIAM.

Bernard Larkins appeals the summary dismissal of his petition for writ of habeas corpus. Because Larkins’ petition states a preliminary basis for relief which was not refuted by the State, we reverse and remand with directions to issue a rule to show cause why the petition should not be granted. See: Parker v. Cook, et al., 642 F.2d 865 (5th Cir. 1981); Granger v. Florida State Prison, 424 So.2d 937 (Fla. 1st DCA 1983); Costello v. Strickland, 418 So.2d 443 (Fla. 1st DCA 1982).

Reversed and remanded with directions.

ERVIN, SHIVERS and JOANOS, JJ., concur.

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