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MOORE v. TOLBERT

No. 1D00-1172.

763 So.2d 1268 (2000)

Michael W. MOORE, Secretary, Florida Department of Corrections, Appellant, v. John TOLBERT, Appellee.

District Court of Appeal of Florida, First District.

August 1, 2000.

Attorney(s) appearing for the Case

Louis A. Vargas, General Counsel, and Judy Bone, Assistant General Counsel, Department of Corrections, Tallahassee, for appellant.

James H. White, Jr., of Staats, White & Ramey, Panama City, for appellee.

PER CURIAM.

Michael W. Moore, as Secretary of the Department of Corrections, appeals an order having the effect of granting John Tolbert's petition for writ of habeas corpus by default. Because appellant timely served a motion for extension of time to respond below and neither that motion nor a subsequent one were ever disposed of by the circuit court, and because appellant's response was filed before the default was entered, the finding that appellant was in default...

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