OLER J. JONES, APPELLANT,
v.
DEPARTMENT OF CORRECTIONS, APPELLEE

Fla. 1st DCA | 2009-07-29
No. 1D09-1111
KAHN, BENTON, and VAN NORTWICK, JJ., concur.
14 So. 3d 272 Florida District Court of Appeal, First District (2009)


Opinion of the Court
PER CURIAM.

PER CURIAM.

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.


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