Home/District Court of Appeal of Florida/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.

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.

District Court of Appeal of Florida·Decided June 24, 2019·No. 19-2053·Published

Opinion

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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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., (Fla. Ct. App. 2019).

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. (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.) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.