CALFAS v. STATE (2018)

District Court of Appeal of Florida, Second District.

Jeffrey J. CALFAS, Appellant/Petitioner(s), v. STATE of Florida, Appellee/Respondent(s).

CASE NO.: 2D16–5637

Decided: February 15, 2018

The petition for writ of prohibition is granted. The trial court's December 12, 2016, “order denying defendant's petition for writ of prohibition (treated as a motion to dismiss)” is quashed. The matter is remanded for the State of Florida to be given an opportunity to respond to the petitioner's “petition for writ of prohibition” (properly treated by the trial court as a motion to dismiss within case 06–5177CFAES) and for further appropriate proceedings. See Kidd v. State, 985 So.2d 1180 (Fla. 4th DCA 2008); Neal v. State, 697 So.2d 903, 905 (Fla. 2d DCA 1997).

BY ORDER OF THE COURT:

CASANUEVA, KHOUZAM, and MORRIS, JJ., Concur.

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