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718 So. 2d 381

Minott v. State

District Court of Appeal of Florida

Decided October 9, 1998

District Court of Appeal of Florida · decided 1998-10-09

Relies on 687 So. 2d 254 - Bard v. Wolson

Decided 1998-10-09

PER CURIAM.

¶1The 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 *382the Commission’s response, before granting or denying the writ.

¶2ORDER VACATED; REMANDED.

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