Opinion
Case No. 5D19-1774
05-15-2020
STATE of Florida, Petitioner, v. Shawn L. GLENN, Respondent.
Ashley Moody, Attorney General, Tallahassee, and Bonnie Jean Parrish, Assistant Attorney General, Daytona Beach, for Petitioner. James S. Purdy, Public Defender, and Susan A. Fagan, Assistant Public Defender, Daytona Beach, for Respondent.
Ashley Moody, Attorney General, Tallahassee, and Bonnie Jean Parrish, Assistant Attorney General, Daytona Beach, for Petitioner.
James S. Purdy, Public Defender, and Susan A. Fagan, Assistant Public Defender, Daytona Beach, for Respondent.
PER CURIAM.
The State of Florida appeals a non-final order compelling it to produce certain limited discovery prior to an evidentiary hearing to be held on Appellee's Florida Rule of Criminal Procedure 3.850 motion for postconviction relief. Pursuant to Florida Rule of Appellate Procedure 9.040(c), we treat the State's appeal as a petition for writ of certiorari, and we dismiss the petition because the State has failed to show that it will sustain irreparable harm in complying with the court order. See Bared & Co. v. McGuire , 670 So. 2d 153, 157 (Fla. 4th DCA 1996) (explaining that dismissal, rather than denial, is the proper disposition of a petition for writ of certiorari when the appellate court determines that there has been an insufficient showing of irreparable harm).
PETITION DISMISSED.
LAMBERT, EDWARDS, and EISNAUGLE, JJ., concur.