OLER J. JONES, APPELLANT,
v.
DEPARTMENT OF CORRECTIONS, APPELLEE
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This proceeding is hereby converted to an appeal of a final order pursuant to Green v. Moore, 111 So.2d 425 (Fla. 1st DCA 2000). Here the trial court denied Jones’ petition for habeas corpus without requiring a response. The trial court characterized the petition as “facially insufficient” because it did not allege exhaustion of administrative remedies. We have recently held such to be error in the context of a petition for habeas corpus where the affirmative defense of exhaus*273tion has not been raised by a response to the petition. See Santana v. Henry, 12 So.3d 843 (Fla. 1st DCA 2009). Accordingly, we REVERSE the trial court’s order dismissing the petition for writ of ha-beas corpus and REMAND for further proceedings consistent -with this court’s opinion in Santana.
KAHN, BENTON, and VAN NORTWICK, JJ., concur.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Authorities Cited
- Runner O. Santana v. Henry, 12 So. 3d 843 (Fla. 1st DCA 2009)
- State of Fla. ex rel. Fla. BAR v. Everett, 111 So. 2d 425 (Fla. 1959)
- Alford v. Nunez, 111 So. 2d 425 (Fla. 1959)