DANIEL ALCANTARO, PETITIONER,
v.
STATE OF FLORIDA, RESPONDENT
DANIEL ALCANTARO, PETITIONER,
STATE OF FLORIDA, RESPONDENT
397 So. 2d 1236
Florida District Court of Appeal, Second District (1981)
Positive Treatment
Cited by 2 cases
Opinion of the Court
PER CURIAM.
Appellant appeals from a nonfinal order which is not appealable under Florida Rule of Appellate Procedure 9.130(a)(3). So that we could address the merits of this appeal we converted the appeal into a petition for certiorari.
Certiorari denied.
RYDER, Acting C. J., and DANAHY and CAMPBELL, JJ., concur.
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Yzaguirre v. State (Fla. 2d DCA 2020)…eview is nonfinal and nonappealable,2 the claims made in this appeal would have been more appropriately raised in a petition for writ of certiorari. Thus we hereby convert this appeal into a petition for writ of certiorari. See Alcantaro v. State, 397 So. 2d 1236 (Fla. 2d DCA 1981). And because we conclude that Yzaguirre has demonstrated that the dismissal was a departure from the essential requirements of law resulting in irreparable harm for which Yzaguirre would have no remedy on appeal, we hereby grant…
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Douglas v. Louie L. Wainwright, 714 F.2d 1532 (11th Cir. 1983)…o. 2d 1127 (Fla. 1981); Hargrave v. Wainwright, 388 So. 2d 1021 (Fla.1980); Johnson v. State, 390 So. 2d 1234 (Fla.App.1980). See also Alvord v. State, 396 So. 2d 184, 191 (Fla.1981); Pittman v. State, 401 So. 2d 934 (Fla.App.1981); Savino v. State, 397 So. 2d 1236 (Fla.App. 1981); Roth v. State, 385 So. 2d 114 (Fla. App.1980). This court in Ford v. Strickland, 696 F. 2d 804 at 815-816 (11th Cir. 1983), held that, given this interpretation of Rule 3.850, petitioner was precluded from challenging admission of a…