Sowell v. Simmons

Full title: Jerry F. Sowell, as Personal Representative of The Estate of Gregory…

Court: Florida Court of Appeals, First District

Date published: Sep 22, 2021

No. 1D20-2059 (Fla. Dist. Ct. App. Sep. 22, 2021)

Opinion

1D20-2059

09-22-2021

Jerry F. Sowell, as Personal Representative of The Estate of Gregory Grantham, D.M.D., and Gregory Grantham, D.M.D., P.A., Petitioner, v. Jessica Simmons, Respondent.

Michael J. Thomas, William D. Horgan, Chase E. Boswell and Cody W. Short of Pennington, P.A., Tallahassee, for Petitioner. Terrie L. Didier of Beggs &Lane, RLLP, Pensacola, and Robert G. Kerrigan of Kerrigan, Estess, Rankin, McLeod &Thompson, LLP, Pensacola, for Respondent.

PER CURIAM.

Not final until disposition of any timely and authorized motion under Fla. R. App. P. 9.330 or 9.331.

Petition for Writ of Certiorari-Original Jurisdiction.

Michael J. Thomas, William D. Horgan, Chase E. Boswell and Cody W. Short of Pennington, P.A., Tallahassee, for Petitioner.

Terrie L. Didier of Beggs &Lane, RLLP, Pensacola, and Robert G. Kerrigan of Kerrigan, Estess, Rankin, McLeod &Thompson, LLP, Pensacola, for Respondent.

PER CURIAM.

Petitioner Jerry Sowell seeks review of a non-final trial court order through a petition for writ of certiorari. Since filing his petition, he has also filed a direct appeal of the same order. Because we have decided that direct appeal under Florida Rule of Appellate Procedure 9.130(b)(5) is the appropriate vehicle for review, we dismiss this petition and Petitioner will be afforded review through his direct appeal.

DISMISSED.

ROBERTS, KELSEY, and LONG, JJ, concur