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Office of Public Defender v. Stone

District Court of Appeal of Florida, Fifth District
Dec 16, 1980
390 So. 2d 1195 (Fla. Dist. Ct. App. 1980)

Opinion

No. 80-1109.

October 29, 1980. Rehearing Denied December 16, 1980.

Harry W. Carls, III, Public Defender, and Anne E. Richards, Asst. Public Defender, Orlando, for petitioner.

No appearance for respondent.


This is a petition for a writ of common law certiorari to review a circuit court order denying a writ of certiorari to review a non-final order of a county court relating to discovery in a criminal case.

We deny the petition because it demonstrates neither the jurisdiction of this court nor any basis for a decision that the circuit court exceeded its jurisdiction or departed from the essential requirements of law.

The petition is not accompanied by an appendix, as required by Florida Rule of Appellate Procedure 9.100(e), containing the order of the circuit court from which it can be determined that the petitioner is the real party in interest, that the circuit court order is final [Fla.R. App.P. 9.030(b)(2)(B)], and that the petition is timely [Fla.R.App.P. 9.100(c)].

The petition purports to seek review of a circuit court order, yet the relief sought is the quashing of the county court order, the county court judge is named as respondent and served and all argument is directed toward the action of the county court.

PETITION DENIED.

ORFINGER and COBB, JJ., concur.


Summaries of

Office of Public Defender v. Stone

District Court of Appeal of Florida, Fifth District
Dec 16, 1980
390 So. 2d 1195 (Fla. Dist. Ct. App. 1980)
Case details for

Office of Public Defender v. Stone

Case Details

Full title:OFFICE OF THE PUBLIC DEFENDER OF THE NINTH JUDICIAL CIRCUIT IN AND FOR…

Court:District Court of Appeal of Florida, Fifth District

Date published: Dec 16, 1980

Citations

390 So. 2d 1195 (Fla. Dist. Ct. App. 1980)