SWEARINGEN v. PRETZER (2019)

District Court of Appeal of Florida, First District.

Rick SWEARINGEN, individually and in his official capacity, and Florida Department of Law Enforcement, Petitioners, v. Christopher PRETZER, an individual; Mark L. Wood, an individual; Richard A. Barsky, an individual; Richard Chamnes, an individual, Edward Henry, an individual, Florida Carry, Inc., a Florida not-for-profit corporation; and U.S. Law Shield Legal Expense Insurance Corp., a Florida for-profit corporation, Respondents.

No. 1D19-2053

Decided: June 24, 2019

Robert J. Sniffen and Jeffrey D. Slanker of Sniffen & Spellman, P.A., Tallahassee, for Petitioners. No appearance for Respondents.

Petitioners having failed to demonstrate entitlement to either certiorari relief or prohibition relief, the petition for writ of certiorari and for writ of prohibition is dismissed.

I concur in the dismissal of this case because the order challenged in the petition is properly reviewed by appeal under rule 9.130(a)(3)(B) and this case is duplicative of the earlier-filed and still-pending appeal filed by these same petitioners challenging the same order.

Because the Department's emergency petition establishes a basis for relief, I would require that a response be filed in opposition.

Per Curiam.

Wolf, J., concurs; Wetherell, J., concurs in result with opinion; Makar, J., dissents with opinion.

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