State of Florida, Petitioner, v. Bryan James Riley Respondent. (2024)

District Court of Appeal of Florida, Sixth District.

State of Florida, Petitioner, v. Bryan James Riley Respondent.

Case No. 6D2023-3168

Decided: July 03, 2024

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.

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.

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

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).

PER CURIAM.

STARGEL and GANNAM, JJ., concur. WHITE, J., dissents, with opinion.

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