DAVID FAMIGLIETTI, PETITIONER,
v.
STATE OF FLORIDA, RESPONDENT

Fla. | 2003-01-23
No. SC02-1305
ANSTEAD, C.J., WELLS,, PARIENTE, QUINCE, and CANTERO, JJ., and SHAW, Senior Justice, concur., LEWIS, J., dissents.
838 So. 2d 528 Florida Supreme Court (2003) Positive Treatment
Cited by 6 cases

Opinion of the Court
PER CURIAM.

PER CURIAM.

We originally accepted review of State v. Famiglietti 817 So. 2d 901 (Fla. 3d DCA 2002), in which the Third District Court of Appeal certified direct conflict with the Fourth District Court of Appeal’s decision in State v. Pinder, 678 So. 2d 410 (Fla. 4th DCA 1996), pursuant to article V, section 3(b)(4) of the Florida Constitution. Upon closer examination, however, we find that jurisdiction was improvidently granted in this case. Therefore, we dismiss review of this cause.

It is so ordered.

ANSTEAD, C.J., WELLS,

PARIENTE, QUINCE, and CANTERO, JJ., and SHAW, Senior Justice, concur. LEWIS, J., dissents.


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Cited By

  • Pinnell v. State, 838 So. 2d 596 (Fla. 3d DCA 2003)
    …failed in his obligation to demonstrate harmful error. Cf. State v. Fami-glietti, 817 So. 2d 901, 909 (Fla. 3d DCA 2002)(Sehwartz, C.J., specially concurring in part, dissenting in part), review granted, 826 So. 2d 991 (Fla.2002), review dismissed, 838 So. 2d 528 (Fla.2003).…
  • State v. Arsham, 861 So. 2d 113 (Fla. 3d DCA 2003)
    …nt below was totally insufficient to justify a bodily intrusion into the privacy of the alleged victim, the order requiring her to provide a DNA sample is quashed. See State v. Famiglietti 817 So. 2d 901 (Fla. 3d DCA 2002), review dis [*114] missed, 838 So. 2d 528 (Fla.2003); State v. Kuntsman, 643 So. 2d 1172 (Fla. 3d DCA 1994); State v. Brewster, 601 So. 2d 1289 (Fla. 5th DCA 1992); Bartlett v. Hamwi, 626 So. 2d 1040 (Fla. 4th DCA 1993). Certiorari granted.…
  • Webb v. Dollar Tree Stores, Inc., 987 So. 2d 778 (Fla. 3d DCA 2008)
    …c records when plaintiff sought damages for mental anguish). See generally State v. Famiglietti, 817 So. 2d 901 (Fla. 3d DCA 2002) (en banc) (applicable privilege may not be violated even by requiring in camera in [*779] spection), review dismissed, 838 So. 2d 528 (Fla.2003); Pauker v. Olson, 834 So. 2d 198, 201 (Fla. 2d DCA 2002) (“[I]n order to obtain in camera review of petitioner’s mental health records, respondent must first establish that petitioner has placed his mental condition at issue.”); State v.…

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