SALVATORE BENNETT, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE

Fla. 4th DCA | 2005-06-01
No. 4D04-4825
POLEN, KLEIN and SHAHOOD, JJ., concur.
932 So. 2d 221 Florida District Court of Appeal, Fourth District (2005) Positive Treatment
Cited by 2 cases

Opinion of the Court
PER CURIAM.

ON MOTION FOR REHEARING/MOTION TO CERTIFY CONFLICT

PER CURIAM.

We deny appellant’s motion for rehearing, but grant the motion to certify conflict. As to our reliance on Richardson v. State, 884 So. 2d 950 (Fla. 4th DCA 2004), we again certify conflict with McCall v. State, 862 So. 2d 807 (Fla. 2d DCA 2003).

POLEN, KLEIN and SHAHOOD, JJ., concur.


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  • Oken v. Williams, 23 So. 3d 140 (Fla. 1st DCA 2009)
    …requirements of law, which will cause irreparable harm and injury that cannot be remedied on final appeal. See Reeves v. Fleetwood Homes of Fla., Inc., 889 So. 2d 812 (Fla.2004); Royal Marble, Inc. v. Innovative Flooring Stonecrafters of SWF, Inc., 932 So. 2d 221 (Fla. 2nd DCA 2005). That test is not met here. If we uphold the trial judge and dismiss the petition, we cannot predict whether the trial judge will make the same ruling after an evidentiary hearing on the issue following remand. This circumstance…
  • Agency FOR Health Care Admin. v. S. Broward Hosp. Dist., 206 So. 3d 826 (Fla. 1st DCA 2016)
    …Corp., 162 So. 3d 146, 151 (Fla. 4th DCA 2015) (“If a petition fails to make a threshold showing of irreparable harm, this Court will dismiss the petition.”) (citation omitted); Royal Marble, Inc. v. Innovative Flooring & Stonecrafters of SWF, Inc., 932 So. 2d 221, 222 (Fla. 2d DCA 2005) (“Because Royal Marble has failed to allege irreparable harm, we dismiss the petition”). Therefore, the petition for review of non-final agency action is DISMISSED. LEWIS, J., CONCURS; WETHERELL, J., CONCURS WITH OPINION.…

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