Moore v. Tolbert

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 was erroneous. See Fla. R.App. P. 9.010, 9.030(c)(3), and 9.300(b); see also Pinnacle Corp. of Central Florida, Inc. v. R.L. Jernigan…