Legal Opinion · Dissent

Biagi v. State

District Court of Appeal of Florida

Decided December 22, 1994No. 94-1377Published

1DissentW. Sharp, Judge

We should deny certiorari review in this ease, as we should have done in Bennett v. State, 641 So.2d 938 (Fla. 5th DCA 1994). That case involved identical rulings below made by the county court which were reviewed by the circuit court in its appellate capacity. Since the circuit court ruling was not clearly erroneous, and no miscarriage of justice was likely, our discretionary jurisdiction should have been denied. Combs v. State, 436 So.2d 93, 95-96 (Fla.1983); Haines City Community Development v. Heggs, 647 So.2d 855 (Fla. 2d DCA 1994); Krebs v. State 588 So.2d 38 (Fla. 5th DCA 1991), rev.…

2Cases cited5 opinions

  1. Combs v. StateSupreme Court of Florida · 1983
  2. Robertson v. StateSupreme Court of Florida · 1992
  3. Krebs v. StateDistrict Court of Appeal of Florida · 1991
  4. Haines City Community Dev. v. HeggsDistrict Court of Appeal of Florida · 1994
  5. Bennett v. StateDistrict Court of Appeal of Florida · 1994

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