EDWARD EVERETTE WEYBURN, III, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE

Fla. 1st DCA | 2000-03-31
No. 1D99-2910
JOANOS, MINER and DAVIS, JJ., concur.
763 So. 2d 1203 Florida District Court of Appeal, First District (2000)


Opinion of the Court
PER CURIAM.

PER CURIAM.

Edward Everette Weyburn, III, was on probation when he committed another criminal offense. He was convicted of the new offense and is serving a term of imprisonment. Weyburn filed motions with the trial court which sought to compel authorities to take some action with regard to his probation. When those motions were denied, Weyburn appealed.

The state moves to dismiss this appeal for lack of jurisdiction, arguing that the orders to be reviewed are not appealable orders. While we agree the orders are not appealable, there is authority for review in this situation by extraordinary writ. Subervi v. Miller, 555 So. 2d 452 (Fla. 5th DCA 1990). Rather than dismiss, we elect to treat the appeal as a petition for prohibition in accordance with Subervi and Florida Rule of Appellate Procedure 9.040(c). On the merits, however, we find the trial judge reached the right result. Hall v. State, 512 So. 2d 303 (Fla. 1st DCA 1987); Gonzalez v. State, 447 So. 2d 381 (Fla. 3d DCA 1984). Accordingly, the pe tition for writ of prohibition, so treated, is denied.

JOANOS, MINER and DAVIS, JJ., concur.


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