Legal Opinion

Harrell v. State

District Court of Appeal of Florida

Decided October 31, 1997No. 97-2521Published

1Opinion of the Court

*809 ON PETITION FOR WRIT OF CERTIORARI

2Per curiam

Troy Harrell has filed a petition for writ of certiorari seeking review of the trial court’s final order denying his petition for writ of prohibition. However, certiorari is not the proper remedy. Harrell should have filed a notice of appeal. See Adams v. State, 478 So.2d 1190 (Fla. 5th DCA 1985). However, under the authority of rule 9.040(c) of the Florida Rules of Appellate Procedure, we deem the petition for writ of certiorari to be a notice of appeal and initial brief. Furthermore, pursuant to rule 9.315(a) of the Florida Rules of Appellate Procedure, we…

3Cases cited3 opinions

  1. Guzzetta v. HamrickDistrict Court of Appeal of Florida · 1995
  2. State ex rel. Capibianco v. GreenDistrict Court of Appeal of Florida · 1979
  3. Adams v. State ex rel. EaganDistrict Court of Appeal of Florida · 1985

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