Legal Opinion · Concurrence

State v. P.C.

District Court of Appeal of Florida

Decided February 3, 1999No. Nos. 98-4251, 98-4253 to 98-4255, 98-4257 to 98-4264, 98-4266 to 98-4270, 98-4272 and 98-4273Published

1ConcurrenceWebster, J.

It does not appear that the state ever presented to the trial court the issue it asks us to resolve by its petitions for writs of certiorari. Accordingly, it seems to me that the state is not entitled to seek the extraordinary remedy of certiorari. See, e.g., North Broward Hosp. Dist. v. Judson, 439 So.2d 946 (Fla. 4th DCA 1983); Danieli Corp. v. Russo, 329 So.2d 426 (Fla. 4th DCA 1976); 3 Fla. Jur.2d Appellate Review § 497 (1997). I would deny all of the petitions' on this basis, making it unnecessary to reach the mootness question.

2Cases cited2 opinions

  1. North Broward Hosp. Dist. v. JudsonDistrict Court of Appeal of Florida · 1983
  2. Danieli Corp. v. RussoDistrict Court of Appeal of Florida · 1976