STATE v. GLENN (2020)

District Court of Appeal of Florida, Fifth District.

STATE of Florida, Petitioner, v. Shawn L. GLENN, Respondent.

Case No. 5D19-1774

Decided: May 15, 2020

Ashley Moody, Attorney General, Tallahassee, and Bonnie Jean Parrish, Assistant Attorney General, Daytona Beach, for Petitioner. James S. Purdy, Public Defender, and Susan A. Fagan, Assistant Public Defender, Daytona Beach, for Respondent.

The State of Florida appeals a non-final order compelling it to produce certain limited discovery prior to an evidentiary hearing to be held on Appellee's Florida Rule of Criminal Procedure 3.850 motion for postconviction relief. Pursuant to Florida Rule of Appellate Procedure 9.040(c), we treat the State's appeal as a petition for writ of certiorari, and we dismiss the petition because the State has failed to show that it will sustain irreparable harm in complying with the court order. See Bared & Co. v. McGuire, 670 So. 2d 153, 157 (Fla. 4th DCA 1996) (explaining that dismissal, rather than denial, is the proper disposition of a petition for writ of certiorari when the appellate court determines that there has been an insufficient showing of irreparable harm).

PETITION DISMISSED.

PER CURIAM.

LAMBERT, EDWARDS, and EISNAUGLE, JJ., concur.

Was this helpful?

Why was this helpful?

Easy to understand

Solved my problem

Other

Why was this not helpful?

Missing the information I need

Too complicated / too many steps

Out of date

Other

Thank you for your feedback!

Trusted by Consumers. Recognized by AI.

As the largest network of trusted legal brands, we help firms build authority across the platforms consumers and AI systems rely on most. Our network helps attorneys strengthen visibility, credibility, and preference where legal decisions begin.

Explore the Network