Full Opinion

Third District Court of Appeal State of Florida Opinion filed October 23, 2026. Not final until disposition of timely filed motion for rehearing. ________________ No. 3D26-2230 Lower Tribunal No. 17-CF-190-A-M ________________ Ryan Justin Wilder, Petitioner, vs. State of Florida, Respondent. A Writ of Certiorari to the Circuit Court for Monroe County, James Morgan, Judge. Law Offices of Hal Schuhmacher, and Hal Schuhmacher; Michael Ufferman Law Firm, P.A., and Michael Ufferman (Tallahassee), for petitioner. James Uthmeier, Attorney General, and Jason Michael Ross, Assistant Attorney General, for respondent. Before LINDSEY, MILLER, and REBULL, JJ. PER CURIAM. Petition dismissed. See Smith v. State, 187 So. 2d 61, 61 (Fla. 2d DCA 1966) (denying petition for writ of certiorari which sought review of an order denying a defense motion for continuance in a first-degree murder trial where any error can be reviewed on plenary appeal); see also Surratt v. State, 407 So. 3d 1270, 1272 (Fla. 2d DCA 2025) (on plenary appeal reversing denial of a defense continuance motion noting “the decision to grant a motion for continuance is within the circuit court's discretion, and the denial of such a motion should not be reversed unless there has been a palpable abuse of that discretion which appears clearly in the record.”) (cleaned up); Valencia v. PennyMac Holdings, LLC, 317 So. 3d 178, 180 (Fla. 3d DCA 2021) (“Because certiorari is an extraordinary writ, “the standard of review governing a petition for certiorari is much higher than the standard governing an appeal of right.”) (cleaned up); Rocha v. Acevedo, 438 So. 3d 332, 338 (Fla. 3d DCA 2026) (departure from the essential requirements of law requires something far beyond legal error it “means an inherent illegality or irregularity, an abuse of judicial power, an act of judicial tyranny perpetrated with disregard of procedural requirements, resulting in a gross miscarriage of justice.”) (cleaned up). 2