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902 So. 2d 889

Smith v. State

District Court of Appeal of Florida · decided 2005-05-31

Decided 2005-05-31

WOLF, C.J.

¶1Both parties agree, and we concur, that the order on review is not an appealable non-final order. See Fla. R.App. P. 9.140(b)(1). We, however, treat the notice of appeal and subsequently filed initial brief as a petition for writ of certiorari and deny relief.

KAHN and POLSTON, JJ., concur.
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