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764 So. 2d 924

Smith v. St. Vil.

District Court of Appeal of Florida

Decided August 16, 2000

District Court of Appeal of Florida · decided 2000-08-16

Relies on 502 So. 2d 88 - Brown v. SHERIFF OF BROWARD CTY. · Saum v. Government Employees Insurance

Decided 2000-08-16

PER CURIAM.

¶1Lee Roy Smith appeals from the denial of his petition for writ of habeas corpus ad testificandum, which sought transport from federal prison to the Broward County Jail for his civil trial. It appears that the trial court may have denied appellant’s petition because it contemporaneously entered a stay of the trial proceedings until petitioner completed his nine-year federal prison term. On certiorari review, we quashed the order granting the stay because neither party had requested it and no sufficient basis for the lengthy stay appeared in the record. See Smith v. St. Vil, 765 So.2d 60 (Fla. 4th DCA 2000).

¶2We therefore reverse the order denying appellant’s petition for writ of habeas corpus ad testificandum and remand for the trial court to reconsider appellant’s petition, taking into account those factors set forth in Brown v. Sheriff of Broward County Jail, 502 So.2d 88 (Fla. 4th DCA 1987).

¶3REVERSED and REMANDED.

GUNTHER, KLEIN and TAYLOR, JJ., concur.
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