State v. Office of the Pub. Def.

Full title: STATE OF FLORIDA, Appellant, v. OFFICE OF THE PUBLIC DEFENDER, EIGHTEENTH…

Court: DISTRICT COURT OF APPEAL OF THE STATE OF FLORIDA FIFTH DISTRICT

Date published: Jul 27, 2018

249 So. 3d 790 (Fla. Dist. Ct. App. 2018)

Opinion

Case No. 5D18-686

07-27-2018

STATE of Florida, Appellant, v. OFFICE OF THE PUBLIC DEFENDER, EIGHTEENTH JUDICIAL CIRCUIT, BREVARD COUNTY, Florida and Michael Falanga, Appellees.

Pamela Jo Bondi, Attorney General, Tallahassee, and Rebecca R. McGuigan, Assistant Attorney General, Daytona Beach, for Appellant. James S. Purdy, Public Defender, and Nancy Ryan, Assistant Public Defender, Daytona Beach, for Appellees.

ORFINGER, J.

Pamela Jo Bondi, Attorney General, Tallahassee, and Rebecca R. McGuigan, Assistant Attorney General, Daytona Beach, for Appellant.

James S. Purdy, Public Defender, and Nancy Ryan, Assistant Public Defender, Daytona Beach, for Appellees.

ORFINGER, J.

The State of Florida appeals the circuit court's order denying its petition for a writ of quo warranto, challenging the Office of Public Defender's authority to intervene in civil traffic infraction cases. Based on our opinion in State v. Grate, No. 5D18-683, ––– So.3d ––––, 2018 WL 3595263 (Fla. 5th DCA July 27, 2018), issued simultaneously herewith, we treat this matter as a direct appeal, reverse the circuit court's order, and remand with instructions to grant the petition.¹

1 The circuit court considered this matter with a three-judge panel. Judge Paulk dissented and would have granted the petition.
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REVERSED and REMANDED.

WALLIS and LAMBERT, JJ., concur.