Opinion
No. 3D14–1533.
08-13-2014
Todd Carlton SMITH, Appellant(s)/Petitioner(s), v. The STATE of Florida, Appellee(s)/Respondent(s).
Opinion
Upon consideration of the appellant's petition for a writ of prohibition, motion to amend the petition, proposed amended petition, and supporting memorandum, it is hereby ordered that:
1. The petition and proposed amended petition are deficient in their present form. The petitioner has not, so far as the existing record discloses, filed a motion to dismiss the underlying case with the trial court.
2. The petition and motion to amend are thus dismissed without prejudice to the petitioner's right to appeal any disposition by the trial court of such a motion
3. The State is not required to respond to the existing petition, motion, proposed amended petition, or memorandum.
Petition dismissed without prejudice.
LAGOA, SALTER and EMAS, JJ., concur.