THOMAS GIES, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
THOMAS GIES, APPELLANT,
STATE OF FLORIDA, APPELLEE
824 So. 2d 954
Florida District Court of Appeal, Fourth District (2002)
Caution
Cited by 5 cases
Opinion of the Court
PER CURIAM.
Affirmed without prejudice to appellant raising the issue of credit for jail/prison time served in a timely, sworn motion pursuant to Florida Rule of Criminal Procedure 3.850.
POLEN, C.J., FARMER and TAYLOR, JJ., concur.
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Honorable Jim Fuller v. Truncale, 50 So. 3d 25 (Fla. 1st DCA 2010)…Tucker v. Resha, 648 So. 2d 1187, 1189 (Fla.1994) (stating that if sovereign immunity applies, "the public official cannot be ‘re-immunized’ if erroneously required to stand trial or face the other burdens of litigation’’); and O’Brien v. Exposito, 824 So. 2d 954, 955 (Fla. 3d DCA 2002) (stating ”[b]ecause qualified immunity protects an individual from having to defend a suit, O'Brien will effectively lose his entitlement to qualified immunity if the case proceeds to trial, thereby causing irreparable injury…
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Fla. Fish & Wildlife Conservation Comm'n & Benjamin G. Johnson v. Jeffrey, 178 So. 3d 460 (Fla. 1st DCA 2015)…' must dismiss its petition for writ of certiorari. See Elms, 109 So. 3d at 1276 n. * (citing Bared & Co. v. McGuire, 670 So. 2d 153, 157 (Fla. 4th DCA 1996)). In reaching this conclusion, we have not overlooked the decision in O’Brien v. Exposito, 824 So. 2d 954 (Fla. 3d DCA 2002), relied oh by FWCC. However, that case is distinguishable. ’ First; the trial court in O’Brien “deferred ruling” on the defendant’s immunity dató, id. at 955, whereas the trial court in this Case expressly denied the motion for su…
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