STATE v. RIVERS

No. 2D00-1758.

787 So.2d 952 (2001)

STATE of Florida, Appellant, v. Patrick John RIVERS, Appellee.

District Court of Appeal of Florida, Second District.

June 13, 2001.


Attorney(s) appearing for the Case

Robert A. Butterworth, Attorney General, Tallahassee, and Wendy Buffington, Assistant Attorney General, Tampa, for Appellant.

Peter D. Ringsmuth, Ft. Myers, for Appellee.


SILBERMAN, Judge.

The State seeks review of the denial of its motion for authorization to execute a subpoena to obtain emergency room records and toxicology reports or records. Although the State filed a notice of appeal as to the nonfinal order denying its motion, we treat the notice as a petition for writ of certiorari. Fla. R.App. P. 9.040(c). Because the State met its burden in order to obtain an investigative subpoena for the records, we grant the petition.<...

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