A. JOHN ROMANUS, AS PERSONAL REPRESENTATIVE OF THE ESTATE OF ROSE STROBEL, PETITIONER,
v.
SARASOTA DOCTORS HOSPITAL, INC. D/B/A DOCTORS HOSPITAL OF SARASOTA, A FLORIDA CORPORATION, AND GUIE YASMEEN NAEMM, M.D., RESPONDENTS
A. JOHN ROMANUS, AS PERSONAL REPRESENTATIVE OF THE ESTATE OF ROSE STROBEL, PETITIONER,
SARASOTA DOCTORS HOSPITAL, INC. D/B/A DOCTORS HOSPITAL OF SARASOTA, A FLORIDA CORPORATION, AND GUIE YASMEEN NAEMM, M.D., RESPONDENTS
99 So. 3d 599
Florida District Court of Appeal, Second District (2012)
Positive Treatment
Cited by 2 cases
Opinion of the Court
The petition for writ of certiorari is dismissed because the petitioner has not established that the circuit court order results in a material injury for the remainder of the proceedings for which there is no adequate remedy on appeal. See Barker v. Barker, 909 So.2d 338, 336 (Fla. 2d DCA 2005).
Dismissed.
WHATLEY, CASANUEVA, and CRENSHAW, JJ., Concur.
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Citator
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State v. Bret Thomas Warren, 168 So. 3d 337 (Fla. 5th DCA 2015)…y as a result of the conduct or criminal episode that gave rise to the crime charged. See Fla. R. Crim. P. 3.191(d); State v. Williams, 791 So. 2d 1088, 1091 (Fla.2001) (citing Genden v. Fuller, 648 So. 2d 1183, 1184-85 (Fla.1994)); State v. Pelham, 99 So. 3d 599, 601 (Fla. 5th DCA 2012) (en banc) (citing Williams, 791 So. 2d at 1091). Custody begins when a person is either arrested or served with a notice to appear in lieu of physical arrest. See Fla. R. Crim. P. 3.191(d). The rule is a “procedural protecti…
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State v. Lashundra Fair, 213 So. 3d 1098 (Fla. 4th DCA 2017)…ng. Id. The Fifth District agreed with the State that the arrest for loitering and the arrest for the theft did not arise from the same conduct or criminal episode. Id. at 341. That court, sitting en banc, reached the same result in State v. Pelham, 99 So. 3d 599 (Fla. 5th DCA 2012), when it concluded that the charges for loitering and theft were “clearly not” charged based upon the same conduct or same act. Id. at 602. Based on these cases, we conclude that the charge for possession of FVP did not arise fr…