09-1111 OLER J. JONES, v. DEPARTMENT OF CORRECTIONS

State: Florida

Court: Florida First District Court

Docket No: 09-1111

Case Date: 07/29/2009

Preview:IN THE DISTRICT COURT OF APPEAL FIRST DISTRICT, STATE OF FLORIDA OLER J. JONES, Appellant, v. DEPARTMENT OF CORRECTIONS, Appellee. _____________________________/ Opinion filed July 29, 2009. An appeal from the Circuit Court for Madison County. Gregory S. Parker, Judge. Oler J. Jones, pro se, Appellant. Kathleen Von Hoene, General Counsel, and Sheron L. Wells, Assistant General Counsel, Florida Department of Corrections, Tallahassee, for Appellee. CASE NO. 1D09-1111 NOT FINAL UNTIL TIME EXPIRES TO FILE MOTION FOR REHEARING AND DISPOSITION THEREOF IF FILED

PER CURIAM. This proceeding is hereby converted to an appeal of a final order pursuant to Green v. Moore, 777 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 exhaustion has not been raised by a response to the petition. See Santana v. Henry, 34 Fla. L. Weekly D1098 (Fla. 1st DCA May 29, 2009). Accordingly, we

REVERSE the trial court's order dismissing the petition for writ of habeas 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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