Opinion
Case No. 1D00-1886.
Opinion filed October 3, 2000.
An appeal from an order of the Escambia County Circuit Court. Judge Laura Melvin.
Robert A. Butterworth, Attorney General, and Thomas H. Duffy, Assistant Attorney General, Tallahassee, for appellant.
Nancy Daniels, Public Defender, and David A. Davis, Assistant Public Defender, Tallahassee, for appellee.
We conclude that the order being appealed herein does not fall within the class of interlocutory orders appealable by the state pursuant to Florida Rule of Appellate Procedure 9.140(c)(1).See State v. Sowers, 25 Fla. L. Weekly D1264, D1266 (Fla. 1st DCA May 20, 2000) ("[r]ule 9.140(c)(1) sets forth an exclusive list of the orders that the state may appeal.") We further conclude that this is not a situation in which the exercise of the court's certiorari jurisdiction is warranted. See generally State v. Pettis, 520 So.2d 250 (Fla. 1988). Accordingly, we deny the state's request to treat the appeal as a petition for writ of certiorari, and hereby dismiss the appeal for lack of jurisdiction.
WOLF, DAVIS and BROWNING, JJ., concur.
NOT FINAL UNTIL TIME EXPIRES TO FILE REHEARING MOTION AND DISPOSITION THEREOF IF FILED.