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917 So. 2d 1037

Docket No. 1D05-0504.

Prater v. Crosby

Randall T. PRATER, Appellant, v. James V. CROSBY, Appellee.

District Court of Appeal of Florida

Decided January 10, 2006.

District Court of Appeal of Florida · decided 2006-01-10

Relies on Salow v. State

Decided 2006-01-10

¶1Ronald T. Prater, pro se, appellant.

¶2Charlie Crist, Attorney General, and Sean F. Callaghan, Assistant Attorney General, Tallahassee, for appellee.

¶3PER CURIAM.

¶4Appellee's motion to relinquish jurisdiction is treated as a concession of error. The order denying appellant's "Complaint for Declaratory Relief" is reversed, and this cause is remanded for further proceedings in which petitioner is provided an opportunity to reply to the response filed below. The circuit court erred in denying the complaint prior to expiration of the time afforded appellant to reply to the response. See Salow v. State,766 So.2d 1222 (Fla. 5th DCA 2000)(stating that the trial court should read and consider a court-authorized reply before denying a petition).

¶5ERVIN, BENTON and LEWIS, JJ., concur.

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