JERRY F. SOWELL, AS PERSONAL REPRESENTATIVE OF THE ESTATE OF GREGORY GRANTHAM, D.M.D., AND GREGORY GRANTHAM, D.M.D., P.A.
v.
JESSICA SIMMONS
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A non-final trial court order must be reviewed through direct appeal under Florida Rule of Appellate Procedure 9.130(b)(5) rather than by petition for writ of certiorari.
[1] A non-final trial court order is reviewable through direct appeal under Florida Rule of Appellate Procedure 9.130(b)(5) rather than by petition for writ of certiorari.
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Join FLexlaw to unlock all legal intelligencePetitioner Jerry Sowell, as personal representative of an estate and party to an action, sought review of a non-final trial court order. After filing …
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September 22, 2021 PER CURIAM.
Petitioner Jerry Sowell seeks review of a non-final trial court order through a petition for writ of certiorari. Since filing his petition, he has also filed a direct appeal of the same order. Because we have decided that direct appeal under Florida Rule of Appellate Procedure 9.130(b)(5) is the appropriate vehicle for review, we dismiss this petition and Petitioner will be afforded review through his direct appeal.
DISMISSED.
ROBERTS, KELSEY, and LONG, JJ., concur. _____________________________ Not final until disposition of any timely and authorized motion under Fla. R. App. P. 9.330 or 9.331.
_____________________________ Michael J. Thomas, William D. Horgan, Chase E. Boswell and Cody W. Short of Pennington, P.A., Tallahassee, for Petitioner. Terrie L. Didier of Beggs & Lane, RLLP, Pensacola, and Robert G. Kerrigan of Kerrigan, Estess, Rankin, McLeod & Thompson, LLP, Pensacola, for Respondent.