Debra LaFave v. State of Florida

Summary

The Supreme Court of Florida held that the State could not obtain common-law certiorari review of a final circuit-court order terminating probation, where no statute authorized the State to appeal that order. The Court answered the certified question in the negative and quashed the Second District Court of Appeal’s decision reinstating probation under the negotiated plea agreement.

Holdings

1. The State may not use common-law certiorari to obtain review of a final order terminating probation when no statutory right to appeal exists.
2. An order granting a motion to terminate probation is a final order when it ends the judicial labor in the cause and leaves nothing further for the court to do other than enforcement.

Questions Presented

1. Whether the State may seek common-law certiorari review of a circuit court order terminating probation when the State has no statutory right to appeal the order.
2. Whether an order terminating probation is a final order for purposes of determining the district court's certiorari jurisdiction.

Disposition

quashed