Johnson v. Florida Parole Commission

District Court of Appeal of Florida

Johnson v. Florida Parole Commission

873 So. 2d 611, 2004 Fla. App. LEXIS 7564, 2004 WL 1176239

CourtDistrict Court of Appeal of Florida

DecidedMay 28, 2004

DocketNo. 1D03-3830

StatusPublished

Cited by2 cases

This text of 873 So. 2d 611 (Johnson 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.

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Johnson v. Florida Parole Commission, 873 So. 2d 611, 2004 Fla. App. LEXIS 7564, 2004 WL 1176239 (Fla. Ct. App. 2004).

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Opinion

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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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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873 So. 2d 611, 2004 Fla. App. LEXIS 7564, 2004 WL 1176239, Counsel Stack Legal Research, https://law.counselstack.com/opinion/johnson-v-florida-parole-commission-fladistctapp-2004.

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