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508 So. 2d 1249

508 So.2d 1249

12 Fla.L.Weekly 1086

Docket No. 86-2650.

State v. Cecil

The STATE of Florida, Appellant, v. Terry CECIL, Appellee.

District Court of Appeal of Florida

Decided April 21, 1987.

District Court of Appeal of Florida · decided 1987-04-21

Cited by 4 later decisions — most recently November 1988

4 state decisions

Key passage — most relied on by later courts

“Whether the state is precluded from seeking common law certiorari review of non-appealable interlocutory orders in criminal cases.”

quoted by 2 later decisions, including 518 So. 2d 919 - State v. Cecil, 530 So. 2d 924 - State v. Brea

Relies on 495 So. 2d 1170 - State v. Palmore · 483 So. 2d 23 - State v. Wilson · 496 So. 2d 120 - McIntosh v. State

Good law ✅— No negative treatment on recordhow we know

Decided 1987-04-21

View the full empirical analysis of this case →

¶1Robert A. Butterworth, Atty. Gen., and Michael J. Neimand, Asst. Atty. Gen., for appellant.

¶2Bennett H. Brummer, Public Defender, and N. Joseph Durant, Jr., Asst. Public Defender, for appellee.

¶3Before SCHWARTZ, C.J., and HENDRY and FERGUSON, JJ.

¶4

On Motion to Dismiss

¶5PER CURIAM.

¶6The state appeals from a pretrial order precluding the testimony of a potential witness for the prosecution because of a discovery violation. Since the order is not one of those designated in Fla.R.App.P. 9.140(c)(1)(B), compare State v. Palmore, 495 So.2d 1170 (Fla. 1986), it is not reviewable either by appeal or by treating this proceeding as a petition for writ of certiorari. McIntosh v. State, 496 So.2d 120 (Fla. 1986); State v. Arriagada, 508 So.2d 1247 (Fla. 3d DCA 1987). We therefore grant the appellee-defendant's motion to dismiss for lack of jurisdiction. As in Arriagada, we certify that this case is in conflict *1250 with State v. Wilson, 483 So.2d 23 (Fla. 2d DCA 1985) and that it involves the following question of great public importance:

Whether the state is precluded from seeking common law certiorari review of nonappealable interlocutory orders in criminal cases.

¶7Appeal dismissed.

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