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Baker v. State

District Court of Appeal of Florida, Fifth District
Jan 14, 1988
518 So. 2d 457 (Fla. Dist. Ct. App. 1988)

Summary

In Baker v. State, 518 So.2d 457 (Fla. 5th DCA 1988), the Fifth District, citing to rule 9.140(b) and (c), Martin-Johnson, Inc. v. Savage, 509 So.2d 1097 (Fla. 1987), Combs v. State, 436 So.2d 93 (Fla. 1983), and State v. Soto, 444 So.2d 1151 (Fla. 5th DCA 1984), refused to accept jurisdiction of a circuit court opinion reversing an order granting a motion to dismiss.

Summary of this case from Mitchell v. State

Opinion

No. 87-2232.

January 14, 1988.

Petition for review from the Circuit Court.

Mark E. NeJame of NeJame Hyman, P.A., Orlando, for petitioner.

No Appearance for respondent.


This matter is before the court to have issued a writ of certiorari to the circuit court to review its opinion reversing a county court order dismissing a criminal information.

This court will not exercise certiorari jurisdiction to review an order denying a motion to dismiss or a circuit court opinion reversing an order granting a motion to dismiss, both of which amount to the same thing. An adequate remedy by appeal, if conviction ensues, is available. See Rule 9.140(b) and (c), Fla.R.App.P.; Martin-Johnson, Inc. v. Savage, 509 So.2d 1097 (Fla. 1987); Combs v. State, 436 So.2d 93 (Fla. 1983); State v. Soto, 444 So.2d 1151 (Fla. 5th DCA 1984).

Certiorari denied.

UPCHURCH, C.J., and ORFINGER, J., concur.


Summaries of

Baker v. State

District Court of Appeal of Florida, Fifth District
Jan 14, 1988
518 So. 2d 457 (Fla. Dist. Ct. App. 1988)

In Baker v. State, 518 So.2d 457 (Fla. 5th DCA 1988), the Fifth District, citing to rule 9.140(b) and (c), Martin-Johnson, Inc. v. Savage, 509 So.2d 1097 (Fla. 1987), Combs v. State, 436 So.2d 93 (Fla. 1983), and State v. Soto, 444 So.2d 1151 (Fla. 5th DCA 1984), refused to accept jurisdiction of a circuit court opinion reversing an order granting a motion to dismiss.

Summary of this case from Mitchell v. State

In Baker v. State, 518 So.2d 457 (Fla. 5th DCA 1988), the Fifth District refused to exercise its certiorari jurisdiction to review a circuit court's reversal of a county court's order dismissing a criminal information.

Summary of this case from Fieselman v. State
Case details for

Baker v. State

Case Details

Full title:SANDRA BAKER, PETITIONER, v. STATE OF FLORIDA, RESPONDENT

Court:District Court of Appeal of Florida, Fifth District

Date published: Jan 14, 1988

Citations

518 So. 2d 457 (Fla. Dist. Ct. App. 1988)

Citing Cases

Mitchell v. State

The first issue is whether this court has jurisdiction. In Baker v. State, 518 So.2d 457 (Fla. 5th DCA 1988),…

Fieselman v. State

We consider first whether the decision of the circuit court is one properly reviewable by certiorari. In…