STATE OF FLORIDA, PETITIONER,
v.
TERRY CECIL, RESPONDENT

Fla. | 1988-01-21
No. 70468
EHRLICH, SHAW, BARKETT, GRIMES and KOGAN, JJ., concur., MCDONALD, C.J., and OVERTON, J., dissent.
518 So. 2d 919 Florida Supreme Court (1988) Positive Treatment
Cited by 10 cases

Opinion of the Court
PER CURIAM.

PER CURIAM.

We have for review State v. Cecil, 508 So. 2d 1249, 1250 (Fla. 3d DCA 1987), which certified the following question:

Whether the state is precluded from seeking common law certiorari review of non-appealable interlocutory orders in criminal cases.

We have jurisdiction. Art. V, § 3(b)(4), Fla. Const. We have resolved this question in State v. Pettis, 520 So. 2d 250 (Fla.1988), which held that the state is not precluded from seeking review of interlocutory orders by common law certiorari. Thus, we quash the decision below and remand for proceedings consistent with that opinion.

It is so ordered.

EHRLICH, SHAW, BARKETT, GRIMES and KOGAN, JJ., concur. MCDONALD, C.J., and OVERTON, J., dissent.


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  • THE Florida BAR v. Lawless, 640 So. 2d 1098 (Fla. 1994)
    …hat a public reprimand is sufficient because this Court has imposed public reprimands in other cases involving a lawyer’s failure to supervise non-lawyer employees. See, e.g., The Fla. Bar v. Fields, 520 So. 2d 272 (Fla.1988); The Fla. Bar v. Armas, 518 So. 2d 919 (Fla.1988); The Fla. Bar v. Carter, 502 So. 2d 904 (Fla.1987); The Fla. Bar v. Van Deventer, 368 So. 2d 48 (Fla.1979). [*1101] We disagree with both the Bar and Lawless. This Court in general “deals more severely with cumulative misconduct than with…
  • State v. Cesaero Brea, 530 So. 2d 924 (Fla. 1988)
    …, in which the district court certified the same question of great public importance framed in State v. Amagada, 508 So. 2d 1247 (Fla. 3d DCA 1987), quashed, 518 So. 2d 918 (Fla.1988), and State v. Cecil, 508 So. 2d 1249 (Fla. 3d DCA 1987), quashed, 518 So. 2d 919 (Fla. 1988).1 We have jurisdiction. Art. V, § 3(b)(4), Fla. Const. Brea was charged with trafficking in cocaine and conspiracy to traffic in cocaine, in violation of sections 893.03(2)(a) and 893.-135, Florida Statutes (1985). Brea filed two pretri…
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    …tinuing viability of Smith insofar as its approval of certiorari as an appropriate remedy for addressing an error of this kind, a review of the following cases should remove any such doubt: State v. Pettis, 520 So. 2d 250 (Fla.1988); State v. Cecil, 518 So. 2d 919 (Fla.1988); State v. Filipowich, 528 So. 2d 511 (Fla. 3rd DCA 1988). I can think of no more deserving case for the exercise of certiorari jurisdiction than this where there has clearly been a violation of established law resulting in a miscarriage o…

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