Summary
In Baker v. State, 518 So.2d 457 (Fla. 5th DCA 1988), the Fifth District, citing to rule 9.140(b) and (c), Martin-Johnson, Inc. v. Savage, 509 So.2d 1097 (Fla. 1987), Combs v. State, 436 So.2d 93 (Fla. 1983), and State v. Soto, 444 So.2d 1151 (Fla. 5th DCA 1984), refused to accept jurisdiction of a circuit court opinion reversing an order granting a motion to dismiss.
Summary of this case from Mitchell v. StateOpinion
No. 87-2232.
January 14, 1988.
Petition for review from the Circuit Court.
Mark E. NeJame of NeJame Hyman, P.A., Orlando, for petitioner.
No Appearance for respondent.
This matter is before the court to have issued a writ of certiorari to the circuit court to review its opinion reversing a county court order dismissing a criminal information.
This court will not exercise certiorari jurisdiction to review an order denying a motion to dismiss or a circuit court opinion reversing an order granting a motion to dismiss, both of which amount to the same thing. An adequate remedy by appeal, if conviction ensues, is available. See Rule 9.140(b) and (c), Fla.R.App.P.; Martin-Johnson, Inc. v. Savage, 509 So.2d 1097 (Fla. 1987); Combs v. State, 436 So.2d 93 (Fla. 1983); State v. Soto, 444 So.2d 1151 (Fla. 5th DCA 1984).
Certiorari denied.
UPCHURCH, C.J., and ORFINGER, J., concur.