GEORGE MICHAEL AGRAMONTE, APPELLANT,
v.
IRENE AVILES, APPELLEE
PER CURIAM.
Appellant, George Michael Agramonte, has filed an interlocutory appeal from an order granting a motion for partial summary judgment in favor of appellee, Irene Aviles. We conclude that we are without jurisdiction to entertain this appeal and, therefore, we dismiss it.
The order under review is not an appealable non-final order under Fla.R.App.P. 9.130. Moreover, we have determined that this appeal should not be treated as a petition for a writ of certiorari under Fla.R. App.P. 9.040(c) and 9.100, as the appellant has an adequate remedy by plenary appeal when the trial court enters a final judgment.
Appeal dismissed.
BERANEK, GLICKSTEIN and HURLEY, JJ., concur.
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Lindsey v. State, 453 So. 2d 485 (Fla. 2d DCA 1984)…0 So. 2d 523 (Fla. 2d DCA 1983), this court considered this same issue and held that section 817.563 was constitutional. See also Houser v. State, 453 So. 2d 484 (Fla. 2d DCA 1984); State v. Growden, 437 So. 2d 783 (Fla. 2d DCA 1983); State v. King, 435 So. 2d 370 (Fla. 2d DCA 1983); and State v. Thomas, 428 So. 2d 327 (Fla. 1st DCA 1983). Despite the view of our sister court in Bussey, we adhere to our holding in M.P. and reaffirm the constitutionality of the statute. As to the second point on appeal, we ho…
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State v. Growden, 437 So. 2d 783 (Fla. 2d DCA 1983)…at section 817.-563, Florida Statutes (1981), is unconstitutional. We reverse on the authority of our recent decision in M.P. v. State, 430 So. 2d 523 (Fla.2d DCA 1983), wherein we held that section 817.563 is constitutional. See also State v. King, 435 So. 2d 370 (Fla.2d DCA 1983). REVERSED. HOBSON, A.C.J., and DANAHY and SCHOONOVER, JJ., concur.…
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Houser v. State, 453 So. 2d 484 (Fla. 2d DCA 1984)…uch controlled substance, contrary to section 817.563, Florida Statutes (1983). We reject defendant’s contention that the substantive portions of the statute are unconstitutional. State v. Growden, 437 So. 2d 783 (Fla. 2d DCA 1983); State v. King, 435 So. 2d 370 (Fla. 2d DCA 1983); M.P. v. State, 430 So. 2d 523 (Fla. 2d DCA 1983); State v. Thomas, 428 So. 2d 327 (Fla. 1st DCA), petition for review denied, 436 So. 2d 101 (Fla.1983). In upholding the constitutionality of the statute, we recognize our decision…
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