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FLA. DEP'T OF CORRECTIONS v. MONROE

No. 1D20-574.

308 So.3d 265 (2020)

FLORIDA DEPARTMENT OF CORRECTIONS and the Florida Commission on Offender Review, Appellants, v. Reginald A. MONROE, Appellee.

District Court of Appeal of Florida, First District.

December 14, 2020.

Attorney(s) appearing for the Case

Beverly Brewster , Assistant General Counsel, Department of Corrections, Tallahassee, and Mark Hiers , Assistant General Counsel, Florida Commission on Offender Review, Tallahassee, for Appellants.

No appearance for Appellee Monroe.

The trial court erred when it granted the relief sought in Appellee Monroe's petition for writ of habeas corpus without providing the Department of Corrections notice of the petition or subsequent hearing. "[T]he proper respondent in a habeas corpus petition is the party that has actual custody and is in a position to physically produce the...

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