Florida District Courts of Appeal, 2004

Johnson v. Florida Parole Commission

Johnson v. Florida Parole Commission
Florida District Courts of Appeal · Decided May 28, 2004 · Nortwick, Polston, Webster
873 So. 2d 611; 2004 Fla. App. LEXIS 7564; 2004 WL 1176239 (Southern Reporter, Second Series)

Johnson v. Florida Parole Commission

Opinion of the Court

PER CURIAM.

As respondent concedes, the circuit court erred in entering a final order prior to expiration of the time for the filing of a reply by petitioner. See Bard v. Wolson, 687 So.2d 254 (Fla. 1st DCA 1997). Accordingly, the circuit court’s order is quashed and this cause is remanded with directions to reconsider the matter after petitioner is afforded the opportunity to file a reply. However, we find no merit to petitioner’s argument that the trial judge’s actions are indicative of bias, and we therefore reject his contention that the proceedings on remand should be conducted before a different judge.

WEBSTER, VAN NORTWICK and POLSTON, JJ., concur.

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