Rick Swearingen, individually and in his official capacity, and Florida Department of Law Enforcement v. Christopher Pretzer, an individual Mark L. Wood, an individual Richard A. Barsky, an individual Richard Chamnes, an individual, Edward Henry, an individual, Florida Carry, Inc., etc.
FIRST DISTRICT COURT OF APPEAL
STATE OF FLORIDA
_____________________________
No. 1D19-2053
_____________________________
RICK SWEARINGEN, individually
and in his official capacity, and
FLORIDA DEPARTMENT OF LAW
ENFORCEMENT,
Petitioners,
v.
CHRISTOPHER PRETZER, an
individual; MARK L. WOOD, an
individual; RICHARD A. BARSKY,
an individual; RICHARD
CHAMNES, an individual,
EDWARD HENRY, an individual,
FLORIDA CARRY, INC., a Florida
not-for-profit corporation; and
U.S. LAW SHIELD LEGAL
EXPENSE INSURANCE CORP., a
Florida for-profit corporation,
Respondents.
_____________________________
Petition for Writ of Certiorari—Original Jurisdiction.
June 24, 2019
PER CURIAM.
Petitioners having failed to demonstrate entitlement to either
certiorari relief or prohibition relief, the petition for writ of
certiorari and for writ of prohibition is dismissed.
WOLF, J., concurs; WETHERELL, J., concurs in result with opinion;
MAKAR, J., dissents with opinion.
_____________________________
Not final until disposition of any timely and
authorized motion under Fla. R. App. P. 9.330 or
9.331.
_____________________________
WETHERELL, J., concurring in result.
I concur in the dismissal of this case because the order
challenged in the petition is properly reviewed by appeal under
rule 9.130(a)(3)(B) and this case is duplicative of the earlier-filed
and still-pending appeal filed by these same petitioners
challenging the same order.
MAKAR, J., dissenting.
Because the Department’s emergency petition establishes a
basis for relief, I would require that a response be filed in
opposition.
_____________________________
Robert J. Sniffen and Jeffrey D. Slanker of Sniffen & Spellman,
P.A., Tallahassee, for Petitioners.
No appearance for Respondents.
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