Supreme Court of Florida, 1978

Brooks v. State

Supreme Court of Florida · Decided February 16, 1978 · Adkins, Boyd, England, Hatchett, Karl, Overton, Sundberg

355 So. 2d 775; 1978 Fla. LEXIS 4692 (Southern Reporter, Second Series)

Dissenting Opinion

HATCHETT, Justice,

dissenting.

I would treat as petition for writ of habe-as corpus under the dictates of Article V, Section 2(a), Florida Constitution, that “no cause shall be dismissed because an improper remedy has been sought.”

BOYD, J., concurs.

Opinion of the Court

PER CURIAM.

The petition for writ of certiorari reflected apparent jurisdiction in this Court. We issued the writ. Upon further consideration of the cause, we conclude that no direct conflict of decisions exists as required by Article V, Section 3(b)(3), Florida Constitution. Therefore, the writ must be and is hereby discharged.

It is so ordered.

OVERTON, C. J., and ADKINS, ENGLAND, SUNDBERG and KARL, JJ., concur.

HATCHETT, J., dissents with an opinion.

BOYD, J., dissents and concurs with HATCHETT, J.

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