STATE
v.
OFFICE OF THE PUB. DEFENDER
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The Office of the Public Defender does not have authority to intervene in civil traffic infraction cases.
[1] The Office of the Public Defender lacks statutory or constitutional authority to intervene as a party in civil traffic infraction cases.
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Join FLexlaw to unlock all legal intelligenceThe State of Florida sought a writ of quo warranto challenging the Office of Public Defender's authority to intervene in civil traffic infraction case…
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IN THE DISTRICT COURT OF APPEAL OF THE STATE OF FLORIDA
FIFTH DISTRICT NOT FINAL UNTIL TIME EXPIRES TO FILE MOTION FOR REHEARING AND DISPOSITION THEREOF IF FILED STATE OF FLORIDA, Appellant,
v. Case No. 5D18-686 OFFICE OF THE PUBLIC DEFENDER, EIGHTEENTH JUDICIAL CIRCUIT, BREVARD COUNTY, FLORIDA AND MICHAEL FALANGA, Appellees. ________________________________/ Opinion filed July 27, 2018 Appeal from the Circuit Court for Brevard County, Charles J. Roberts, George T. Paulk and Jeffrey F. Mahl, Judges.
Pamela Jo Bondi, Attorney General, Tallahassee, and Rebecca R. McGuigan, Assistant Attorney General, Daytona Beach, for Appellant.
James S. Purdy, Public Defender, and Nancy Ryan, Assistant Public Defender, Daytona Beach, for Appellees.
ORFINGER, J.
The State of Florida appeals the circuit court’s order denying its petition for a writ of quo warranto, challenging the Office of Public Defender’s authority to intervene in civil traffic infraction cases. Based on our opinion in State v. Grate, No. 5D18-683 (Fla. 5th
DCA July 27, 2018), issued simultaneously herewith, we treat this matter as a direct appeal, reverse the circuit court’s order, and remand with instructions to grant the petition.1
REVERSED and REMANDED.
WALLIS and LAMBERT, JJ., concur.