STATE OF FLORIDA, APPELLANT,
v.
VINCENT ISAAC, APPELLEE

Fla. 2d DCA | 1997-03-07
No. 96-03070
DANAHY, A.C.J., and BLUE and FUL-MER, JJ., concur.
696 So. 2d 813 Florida District Court of Appeal, Second District (1997) Positive Treatment
Cited by 8 cases


Opinion of the Court
PER CURIAM.

PER CURIAM.

The state charged the appellee with two counts of capital sexual battery. Before trial the trial court suppressed evidence of the appellee’s medical treatment records for a sexually transmitted disease. The state now appeals that suppression order pursuant to Florida Rule of Appellate Procedure 9.140(e).

Rule 9.140(c) does not confer appellate jurisdiction upon this court to hear this case because it does not fit within any of the categories listed in the rule. The state’s motion was to compel release and use of records. The trial court’s order was styled “Order Suppressing Use of Records and Testimony for Authentication.” The suppression order was not, as required by rule 9.140(c)(1)(B), an order “suppressing before trial confessions, admissions, or evidence obtained by search and seizure.” However, this order may be reviewed by "writ of certiorari. Thus, we treat the state’s order as a petition for writ of certiorari. Fla.RApp.P. 9.040(e). Finding no departure from the essential requirements of law, we deny the petition.

Petition denied.

DANAHY, A.C.J., and BLUE and FUL-MER, JJ., concur.


Cases With Similar Vibessemantic neighbors from the corpus


Citator

Cited By

  • State v. Stahl, 206 So. 3d 124 (Fla. 2d DCA 2016)
    …mend. V, U.S. Const. . Because a warrant has been issued allowing the State to search Stahl’s phone, the order denying the motion to compel is more akin to [*129] an order suppressing evidence than to an order denying discovery. Cf. State v. Isaac, 696 So. 2d 813, 813 (Fla. 2d DCA 1997); State v. Foley, 193 So. 3d 24, 26 (Fla. 3d DCA 2016). . The trial court’s focus on probable cause was misplaced. The State had a search warrant for the contents of the phone. Stahl has not challenged the validity or executi…
  • Tyson v. State, 114 So. 3d 443 (Fla. 5th DCA 2013)
    …onstitute Williams1 rule evidence. Certiorari is the appropriate vehicle to review an interlocutory order re [*445] quiring the production of confidential medical records. Hunter v. State, 639 So. 2d 72 (Fla. 5th DCA 1994); see also State v. Isaac, 696 So. 2d 813 (Fla. 2d DCA 1997). Before the State can employ its investigative subpoena power and compel the disclosure of medical records without the consent of the patient, the State “has the obligation and the burden to show the relevancy of the records reque…
  • State v. Vincente Rodriguez, 712 So. 2d 454 (Fla. 2d DCA 1998)
    …PER CURIAM. We treat the State’s appeal as a petition for writ of certiorari. See State v. Isaac, 696 So. 2d 813 (Fla. 2d DCA 1997). Because we conclude that the trial court’s order is not a departure from the essential requirements of law resulting in a miscarriage of justice, we deny the petition. Petition for writ of certiorari denied. PARKER, C.J., and…

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