Fales v. Florida Parole Commission
This text of 110 So. 3d 527 (Fales v. Florida Parole Commission) is published on Counsel Stack Legal Research, covering District Court of Appeal of Florida primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.
Opinion
William L. Fales petitions for certiorari review of an order of the circuit court which denied his petition for writ of habeas corpus. We treat the respondent’s motion to remand filed February 19, 2013, as a confession of error, and we grant the writ.
The circuit court departed from the essential requirements of law when it denied Fales’ petition without affording him the opportunity to reply to the Florida Parole Commission’s response. See Bard v. Wolson, 687 So.2d 254 (Fla. 1st DCA 1996). Accordingly, the petition for writ of certio-rari is GRANTED, the order denying Fa-les’ petition is QUASHED, and this matter is REMANDED to the lower tribunal to afford Fales the opportunity to reply to the response, and for reconsideration of this petition on the basis of the reply.
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Cite This Page — Counsel Stack
110 So. 3d 527, 2013 WL 1316981, 2013 Fla. App. LEXIS 5441, Counsel Stack Legal Research, https://law.counselstack.com/opinion/fales-v-florida-parole-commission-fladistctapp-2013.