Melnik v. State
District Court of Appeal of Florida
1Opinion of the CourtGerber, J.
The defendant challenges the circuit court’s order denying bond. The defendant has filed that challenge as an appeal from a final order. The proper vehicle in which to have filed that challenge was as a petition for writ of habeas corpus. See Simeus v. Rambosk, — So.3d—, 2011 WL 3503504 (Fla. 2d DCA 2011) (“A petition for writ of habeas corpus is the proper vehicle to challenge an order of pretrial detention.”) (citations omitted). We treat the appeal as a petition for writ of habeas corpus. See Fla. R.App. P. 9.040(c) (“If a party seeks an improper remedy, the cause shall be treated as if…
2Cases cited2 opinions
- State v. ArthurSupreme Court of Florida · 1980
- Simeus v. RamboskDistrict Court of Appeal of Florida · 2011
3Cited by1 opinion
- Combs v. GualtieriDistrict Court, M.D. Florida · 2022