Jones v. Department of Corrections

14 So. 3d 272, 2009 Fla. App. LEXIS 10375, 2009 WL 2244476

Opinion

PER CURIAM.

This proceeding is hereby converted to an appeal of a final order pursuant to Green v. Moore, 111 So.2d 425 (Fla. 1st DCA 2000). Here the trial court denied Jones’ petition for habeas corpus without requiring a response. The trial court characterized the petition as “facially insufficient” because it did not allege exhaustion of administrative remedies. We have recently held such to be error in the context of a petition for habeas corpus where the affirmative defense of exhaus tion has not been raised by a response to the petition. See Santana v. Henry, 12 So.3d 843 (Fla. 1st DCA 2009). Accordingly, we REVERSE the trial court’s order dismissing the petition for writ of ha-beas corpus and REMAND for further proceedings consistent -with this court’s opinion in Santana.

KAHN, BENTON, and VAN NORTWICK, JJ., concur.