STATE OF FLORIDA
v.
SHAWN L. GLENN
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A petition for writ of certiorari challenging a discovery order in a postconviction relief proceeding must be dismissed when the petitioner fails to show it will sustain irreparable harm from compliance with the order.
[1] A petition for writ of certiorari challenging a discovery order must be dismissed, rather than denied, when the petitioner fails to demonstrate that it will sustain irrep…
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Join FLexlaw to unlock all legal intelligence“dismissal, rather than denial, is the proper disposition of a petition for writ of certiorari when the appellate court determines that there has been an insufficient showing of irreparable harm”
Court citing Bared & Co. v. McGuire, 670 So. 2d 153, 157 (Fla. 4th DCA 1996)
The State appealed a non-final order from the Circuit Court for Orange County compelling it to produce certain limited discovery prior to an evidentia…
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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,
Petitioner,
v. Case No. 5D19-1774
SHAWN L. GLENN,
Respondent.
________________________________/
Opinion filed May 15, 2020
Petition for Certiorari Review of Order from the Circuit Court for Orange County, Gail A. Adams, Judge.
Ashley Moody, Attorney General, Tallahassee, and Bonnie Jean Parrish, Assistant Attorney General, Daytona Beach, for Petitioner.
James S. Purdy, Public Defender, and Susan A. Fagan, Assistant Public Defender, Daytona Beach, for Respondent.
PER CURIAM.
The State of Florida appeals a non-final order compelling it to produce certain limited discovery prior to an evidentiary hearing to be held on Appellee’s Florida Rule of Criminal Procedure 3.850 motion for postconviction relief. Pursuant to Florida Rule of Appellate Procedure 9.040(c), we treat the State’s appeal as a petition for writ of certiorari, and we dismiss the petition because the State has failed to show that it will sustain
2 irreparable harm in complying with the court order. See Bared & Co. v. McGuire, 670 So. 2d 153, 157 (Fla. 4th DCA 1996) (explaining that dismissal, rather than denial, is the proper disposition of a petition for writ of certiorari when the appellate court determines that there has been an insufficient showing of irreparable harm).
PETITION DISMISSED.
LAMBERT, EDWARDS, and EISNAUGLE, JJ., concur.