Smith v. Florida Department of Corrections (882 So. 2d 1090, 2004)

PER CURIAM.

As the Parole Commission concedes, the circuit court erred in denying Smith’s petition for writ of habeas corpus without affording him the opportunity to réply to the Commission’s response. See Fla. R.App. P. 9.100(k); Cf., Bard v. Wolson, 687 So.2d 254 (Fla. 1st DCA 1996). Accordingly, the circuit court’s order is quashed and this cause is remanded with directions to reconsider the matter after affording petitioner the opportunity to file a reply. In light of this disposition, we decline to address the other arguments presented by petitioner.

ERVIN, PADOVANO and LEWIS, JJ., concur.