5D05-3907 Dudley v. Jones

State: Florida

Court: Florida Fifth District Court

Docket No: 5D05-3907

Case Date: 04/24/2006

Preview:IN THE DISTRICT COURT OF APPEAL OF THE STATE OF FLORIDA FIFTH DISTRICT JANUARY TERM 2006

JOHN D. DUDLEY, Petitioner, v. MARGARET M. JONES, ETC., ET AL., Respondent. ________________________________/ Decision filed April 28, 2006 Petition for Certiorari Review of Order from the Circuit Court for Volusia County, Julianne Piggotte, Judge. Rebecca O'Dell Townsend, F. Lorraine Jahn and Stanford R. Solomon, of The Solomon Tropp Law Group, P.A., Tampa, for Petitioner. Bruce A. Hochstetler, Daytona Beach, for Respondent. Case No. 5D05-3907

PER CURIAM DENIED.

LAWSON and PALMER, JJ., concur. GRIFFIN, J., concurs specially, with opinion.

GRIFFIN, J., concurring specially.

5D05-3907

Although I agree with petitioner that, contrary to the trial court's order suggesting otherwise, the appeal could have been treated as a petition for writ of certiorari, this case is inappropriate for second tier certiorari. Moreover, the notion that the underlying order constituted a material departure from the requirements of law is meritless.

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