Jerry F. Sowell, as Personal Representative of The Estate of Gregory Grantham, D.M.D., and Gregory Grantham, D.M.D., P.A. v. Jessica Simmons

Opinion

FIRST DISTRICT COURT OF APPEAL STATE OF FLORIDA _____________________________

No. 1D20-2059 _____________________________

JERRY F. SOWELL, as Personal Representative of The Estate of Gregory Grantham, D.M.D., and Gregory Grantham, D.M.D., P.A.,

Petitioner,

v.

JESSICA SIMMONS,

Respondent. _____________________________

Petition for Writ of Certiorari—Original Jurisdiction.

September 22, 2021

PER CURIAM.

Petitioner Jerry Sowell seeks review of a non-final trial court order through a petition for writ of certiorari. Since filing his petition, he has also filed a direct appeal of the same order. Because we have decided that direct appeal under Florida Rule of Appellate Procedure 9.130(b)(5) is the appropriate vehicle for review, we dismiss this petition and Petitioner will be afforded review through his direct appeal.

DISMISSED.

ROBERTS, KELSEY, and LONG, JJ., concur. _____________________________

Not final until disposition of any timely and authorized motion under Fla. R. App. P. 9.330 or 9.331. _____________________________

Michael J. Thomas, William D. Horgan, Chase E. Boswell and Cody W. Short of Pennington, P.A., Tallahassee, for Petitioner.

Terrie L. Didier of Beggs & Lane, RLLP, Pensacola, and Robert G. Kerrigan of Kerrigan, Estess, Rankin, McLeod & Thompson, LLP, Pensacola, for Respondent.