Brooks
v.
State

Supreme Court of FloridaFeb 16, 1978
355 So. 2d 775 (Fla. 1978)

No. 50544.

February 16, 1978.

Writ of Certiorari to the District Court of Appeal, Second District; 338 So.2d 846.

Gordon W. Taylor, Miami, for petitioner.

Robert L. Shevin, Atty. Gen., and Richard G. Pippinger, Asst. Atty. Gen., Tampa, for respondent.


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.


I would treat as petition for writ of habeas 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.