FIGUEROA v. STATE (2018)

District Court of Appeal of Florida, Second District.

Crystal FIGUEROA, Appellant/Petitioner(s), v. STATE of Florida, Appellee/Respondent(s).

CASE NO.: 2D18-2354

Decided: June 28, 2018

The petitioner's petition for writ of prohibition is treated as a petition for writ of certiorari and is granted. See Art. V, § 2(a), Fla. Const, (“no cause shall be dismissed because an improper remedy has been sought”); Fla. R. App. P. 9.040(c) (“If a party seeks an improper remedy, the cause shall be treated as if the proper remedy had been sought; provided that it shall not be the responsibility of the court to seek the proper remedy.”). The trial court's June 8, 2018, “Order Denying ‘Defendant's Motion To Dismiss Based Upon Statutory Immunity Under Florida's Stand Your Ground Law’ ” is quashed. The trial court departed from the essential requirements of the law by not applying section 776.032, Florida Statutes (2017). The trial court shall again consider the petitioner's motion to dismiss and shall apply section 776.032 as amended effective June 9, 2017. We note that the petitioner claimed in her motion to dismiss that she acted justifiably pursuant to section 776.012(1), but the trial court ruled without explanation that it “must consider whether the Defendant is entitled to immunity under” section 776.012(2).

BY ORDER OF THE COURT:

NORTHCUTT, SILBERMAN, and VILLANTI, JJ., Concur.

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