STATE OF FLORIDA
v.
BRYAN JAMES RILEY

Fla. 6th DCA | 2024-07-03
No. 2023-3168
Abdoney, J., Stargel, J., Gannam, J., White, J.
49 Fla. L. Weekly Fed. D 1172 2024 FL 8153 Florida District Court of Appeal, Sixth District (2024)

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Holding

The trial court's order is quashed based on the legal principles established in State v. Lobato.

Facts & Procedural History

Bryan James Riley was charged in a criminal case in Polk County Circuit Court. The trial court issued an order that the State challenged via petition …

The full statement of facts, procedural history, and disposition for this case are member content.

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Topics
Standard Of Appellate Review Writ Of Certiorari

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Per_curiam
Per Curiam

SIXTH DISTRICT COURT OF APPEAL

STATE OF FLORIDA

_____________________________

Case No. 6D2023-3168 Lower Tribunal No. 21-CF-6615 _____________________________

STATE OF FLORIDA, Petitioner, v.

BRYAN JAMES RILEY

Respondent. _____________________________

Petition for Writ of Certiorari to the Circuit Court for Polk County.

J. Kevin Abdoney, Judge.

July 3, 2024

PER CURIAM.

For the reasons stated in State v. Lobato, 49 Fla. L. Weekly D1172 (Fla. 6th DCA May 31, 2024), we grant the petition for writ of certiorari and quash the order under review. PETITION FOR CERTIORARI GRANTED; ORDER QUASHED. STARGEL and GANNAM, JJ., concur. WHITE, J., dissents, with opinion.

2

_____________________________

NOT FINAL UNTIL TIME EXPIRES TO FILE MOTION FOR REHEARING

AND DISPOSITION THEREOF IF TIMELY FILED

_____________________________

WHITE, J., dissenting. I dissent for the reasons expressed in State v. Lobato, 49 Fla. L. Weekly D1172, D1175 (Fla. 6th DCA May 31, 2024) (White, J., dissenting).1 _____________________________

Ashley Moody, Attorney General, Tallahassee, and Doris Meacham, Senior Assistant Attorney General, Daytona Beach, for Petitioner.

Howard L. “Rex” Dimmig, II, Public Defender, and Rachel P. Roebuck, Steven L. Bolotin, and Jane A. McNeill, Assistant Public Defenders, Bartow, for Respondent.

Footnotes
1 Under the circumstances, I decline to adopt the majority opinion in Lobato. See Normandy Ins. Co. v. Bouayad, 372 So. 3d 671, 695-99 (Fla. 1st DCA 2023) (Tanenbaum, J., concurring in the denial of rehearing en banc).

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