Minott v. State

District Court of Appeal of Florida

Minott v. State

718 So. 2d 381, 1998 Fla. App. LEXIS 12723, 1998 WL 698239

CourtDistrict Court of Appeal of Florida

DecidedOctober 9, 1998

DocketNo. 97-2957

StatusPublished

Cited by1 cases

This text of 718 So. 2d 381 (Minott v. State) 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.

Bluebook

Minott v. State, 718 So. 2d 381, 1998 Fla. App. LEXIS 12723, 1998 WL 698239 (Fla. Ct. App. 1998).

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Opinion

PER CURIAM.

The Florida Parole Commission concedes that the trial court’s order denying habeas corpus should be vacated in order to give the petitioner, Charles A. Minott, an opportunity to serve a reply to the Commission’s response. Bard v. Wolson, 687 So.2d 254 (Fla. 1st DCA 1996) (where response does not contain mere denial but sets forth matters in the nature of affirmative defenses or avoid-ances, appellant should have 20 days to serve a reply). We vacate the order denying the writ and instruct the trial court on remand to allow Minott twenty days to file a reply to [382]*382the Commission’s response, before granting or denying the writ.

ORDER VACATED; REMANDED.

W. SHARP, PETERSON and THOMPSON, JJ., concur.

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PER CURIAM.

The Florida Parole Commission concedes that the trial court’s order denying habeas corpus should be vacated in order to give the petitioner, Charles A. Minott, an opportunity to serve a reply to the Commission’s response. Bard v. Wolson, 687 So.2d 254 (Fla. 1st DCA 1996) (where response does not contain mere denial but sets forth matters in the nature of affirmative defenses or avoid-ances, appellant should have 20 days to serve a reply). We vacate the order denying the writ and instruct the trial court on remand to allow Minott twenty days to file a reply to [382]*382the Commission’s response, before granting or denying the writ.

ORDER VACATED; REMANDED.

W. SHARP, PETERSON and THOMPSON, JJ., concur.

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Bluebook (online)

718 So. 2d 381, 1998 Fla. App. LEXIS 12723, 1998 WL 698239, Counsel Stack Legal Research, https://law.counselstack.com/opinion/minott-v-state-fladistctapp-1998.

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