Wigfals v. James R. McDonough, Interim Secretary, Fla. Dept. of Corrections

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NOT FINAL UNTIL TIME EXPIRES TO FILE REHEARING MOTION AND, IF FILED, DETERMINED IN THE DISTRICT COURT OF APPEAL OF FLORIDA SECOND DISTRICT SAMUEL H. WIGFALS, ) ) Petitioner, ) ) v. ) ) James R. McDonough, Interim Secretary, ) Florida Department of Corrections, ) and FLORIDA PAROLE COMMISSION, ) ) Respondents. ) _________________________________ ) Case No. 2D05-5718 Opinion filed April 19, 2006. Petition for Writ of Certiorari to the Circuit Court for the Twelfth Judicial Circuit for DeSoto County, sitting in its appellate capacity. Samuel H. Wigfals, pro se. Bradley R. Bischoff, Assistant General Counsel for Respondent Florida Parole Commission. No appearance for Respondent James R. McDonough. 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 certiorari 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 response before granting or denying the writ. Petition granted. NORTHCUTT and STRINGER, JJ., Concur. -2-

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