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734 So. 2d 1065

State v. P.C.

District Court of Appeal of Florida

Decided February 3, 1999

District Court of Appeal of Florida · decided 1999-02-03

Relies on 439 So. 2d 946 - North Broward Hosp. Dist. v. Judson · Danieli Corp. v. Russo

Decided 1999-02-03

WEBSTER, J.,

¶1concurring in result.

¶2It 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.

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