Wigfals v. McDonough

District Court of Appeal of Florida

Wigfals v. McDonough

925 So. 2d 485, 2006 Fla. App. LEXIS 5618, 2006 WL 1098268

CourtDistrict Court of Appeal of Florida

DecidedApril 19, 2006

DocketNo. 2D05-5718

StatusPublished

This text of 925 So. 2d 485 (Wigfals v. McDonough) 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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Wigfals v. McDonough, 925 So. 2d 485, 2006 Fla. App. LEXIS 5618, 2006 WL 1098268 (Fla. Ct. App. 2006).

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Opinion

CANADY, Judge.

As the Florida Parole Commission concedes in this certiorari proceeding, the circuit court erred in denying Wigfals’ petition for writ of habeas corpus prior to expiration of the time afforded for him to reply to the Commission’s response. See McCarthy v. Fla. Parole Comm’n, 889 So.2d 1018 (Fla. 1st DCA 2005); Minott v. State, 718 So.2d 381 (Fla. 5th DCA 1998); Bard v. Wolson, 687 So.2d 254 (Fla. 1st DCA 1996). We therefore grant the cer-tiorari petition and quash the order denying the writ of habeas corpus. The trial court is instructed to allow Wigfals twenty days to file a reply to the Commission’s [486]*486response before granting or denying the writ.

Petition granted.

NORTHCUTT and STRINGER, JJ., Concur.

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CANADY, Judge.

As the Florida Parole Commission concedes in this certiorari proceeding, the circuit court erred in denying Wigfals’ petition for writ of habeas corpus prior to expiration of the time afforded for him to reply to the Commission’s response. See McCarthy v. Fla. Parole Comm’n, 889 So.2d 1018 (Fla. 1st DCA 2005); Minott v. State, 718 So.2d 381 (Fla. 5th DCA 1998); Bard v. Wolson, 687 So.2d 254 (Fla. 1st DCA 1996). We therefore grant the cer-tiorari petition and quash the order denying the writ of habeas corpus. The trial court is instructed to allow Wigfals twenty days to file a reply to the Commission’s [486]*486response before granting or denying the writ.

Petition granted.

NORTHCUTT and STRINGER, JJ., Concur.

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925 So. 2d 485, 2006 Fla. App. LEXIS 5618, 2006 WL 1098268, Counsel Stack Legal Research, https://law.counselstack.com/opinion/wigfals-v-mcdonough-fladistctapp-2006.

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