SOWELL v. SIMMONS (2021)

District Court of Appeal of Florida, First District.

Jerry F. SOWELL, as Personal Representative of the Estate of Gregory Grantham, D.M.D., and Gregory Grantham, D.M.D., P.A., Petitioner, v. Jessica SIMMONS, Respondent.

No. 1D20-2059

Decided: September 22, 2021

Michael J. Thomas, William D. Horgan, Chase E. Boswell and Cody W. Short of Pennington, P.A., Tallahassee, for Petitioner. Terrie L. Didier of Beggs & Lane, RLLP, Pensacola, and Robert G. Kerrigan of Kerrigan, Estess, Rankin, McLeod & Thompson, LLP, Pensacola, for Respondent.

Petitioner Jerry Sowell seeks review of a non-final trial court order through a petition for writ of certiorari. Since filing his petition, he has also filed a direct appeal of the same order. Because we have decided that direct appeal under Florida Rule of Appellate Procedure 9.130(b)(5) is the appropriate vehicle for review, we dismiss this petition and Petitioner will be afforded review through his direct appeal.

Dismissed.

Per Curiam.

Roberts, Kelsey, and Long, JJ., concur.

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