Florida District Courts of Appeal, 1998

Minott v. State

Florida District Courts of Appeal · Decided October 9, 1998 · Peterson, Sharp, Thompson

718 So. 2d 381; 1998 Fla. App. LEXIS 12723; 1998 WL 698239 (Southern Reporter, Second Series)

Counsel

Charles A. Minott, Clermont,-pro se.', Bradley R. BiSchoff, General Counsel," Tallahassee, for Appellee Florida Parole Commission., No Appearance for Appellee State of Florida.

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 *382the Commission’s response, before granting or denying the writ.

ORDER VACATED; REMANDED.

W. SHARP, PETERSON and THOMPSON, JJ., concur.

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