Florida District Courts of Appeal, 2005

Smith v. State

Smith v. State
Florida District Courts of Appeal · Decided May 31, 2005 · Kahn, Polston, Wolf
902 So. 2d 889; 2005 Fla. App. LEXIS 8087; 2005 WL 1262103 (Southern Reporter, Second Series)
Smith v. State

Opinion of the Court

WOLF, C.J.

Both parties agree, and we concur, that the order on review is not an appealable non-final order. See Fla. R.App. P. 9.140(b)(1). We, however, treat the notice of appeal and subsequently filed initial brief as a petition for writ of certiorari and deny relief.

KAHN and POLSTON, JJ., concur.

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