Masciarelli v. Brescher ex rel. Broward County

District Court of Appeal of Florida

Masciarelli v. Brescher ex rel. Broward County

459 So. 2d 1168, 9 Fla. L. Weekly 2536, 1984 Fla. App. LEXIS 16044

District Court of Appeal of Florida·Decided December 5, 1984·No. No. 83-2673·Published

Opinion

PER CURIAM.

We reverse the trial court order which denied appellants’ petition for writ of habe-as corpus without a hearing, which petition challenged the sufficiency of certain extradition proceedings. We do so upon the authority of Section 941.10, Florida Statutes (1983); Fauls v. Sheriff of Leon County, 384 So.2d 238 (Fla. 1st DCA 1980), approved 394, So.2d 117 (Fla.1981); and Payne v. Askew, 350 So.2d 831 (Fla. 1st DCA 1977).

Reversed and remanded with instructions to conduct a hearing upon appellants’ petition.

Reversed and remanded.

HURLEY, DELL and WALDEN, JJ., concur.

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PER CURIAM.

We reverse the trial court order which denied appellants’ petition for writ of habe-as corpus without a hearing, which petition challenged the sufficiency of certain extradition proceedings. We do so upon the authority of Section 941.10, Florida Statutes (1983); Fauls v. Sheriff of Leon County, 384 So.2d 238 (Fla. 1st DCA 1980), approved 394, So.2d 117 (Fla.1981); and Payne v. Askew, 350 So.2d 831 (Fla. 1st DCA 1977).

Reversed and remanded with instructions to conduct a hearing upon appellants’ petition.

Reversed and remanded.

HURLEY, DELL and WALDEN, JJ., concur.

Masciarelli v. Brescher ex rel. Broward County, 459 So. 2d 1168, 9 Fla. L. Weekly 2536, 1984 Fla. App. LEXIS 16044 (Fla. Ct. App. 1984).

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Opinion

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