Carin Elaine Maxey v. State of Florida
CourtDistrict Court of Appeal of Florida
Date FiledAugust 2, 2021
Docket1D21-0276
StatusPublished
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Full Opinion
FIRST DISTRICT COURT OF APPEAL
STATE OF FLORIDA
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No. 1D21-276
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CARIN ELAINE MAXEY,
Petitioner,
v.
STATE OF FLORIDA,
Respondent.
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Petition for Writ of Certiorari and Prohibition—Original
Jurisdiction.
August 2, 2021
PER CURIAM.
In her “Petition for Writs of Prohibition and Certiorari,”
Petitioner challenges the trial court’s denial of her motions to
dismiss the grand theft charge filed against her in Duval County
and to enforce her Miami-Dade County plea agreement. We
dismiss that portion of the petition seeking certiorari relief for lack
of jurisdiction. See Johnson v. Snyder, 296 So. 3d 547, 549 (Fla.
1st DCA 2020) (dismissing the certiorari petition for lack of
jurisdiction because the petition, which was filed more than thirty
days after rendition of the order being challenged, was untimely
under Florida Rule of Appellate Procedure 9.100(c)(1) and noting
that a motion for reconsideration of a non-final order is not an
authorized motion that would toll the time for filing a certiorari
petition). That portion of the petition seeking prohibition relief is
denied on the merits.
DISMISSED in part and DENIED in part .
LEWIS, OSTERHAUS, and KELSEY, JJ., concur.
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Not final until disposition of any timely and
authorized motion under Fla. R. App. P. 9.330 or
9.331.
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Jack C. Morgan III of Aloia Roland Lubell & Morgan, PLLC, of
Fort Myers; John B. Gallagher of John B. Gallagher, P.A., Fort
Lauderdale, for Petitioner.
Ashley Moody, Attorney General, and Adam B. Wilson, Assistant
Attorney General, Tallahassee, for Respondent.
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