MONTANEZ v. STATE

No. 2D09-2838.

24 So.3d 799 (2010)

Donald M. MONTANEZ, Petitioner, v. STATE of Florida, Respondent.

District Court of Appeal of Florida, Second District.

January 6, 2010.


Attorney(s) appearing for the Case

Jay A. Hebert and Jonathon W. Douglas, Clearwater, for Petitioner.

Bill McCollum, Attorney General, Tallahassee, and Timothy A. Freeland, Assistant Attorney General, Tampa, for Respondent.


MORRIS, Judge.

Donald M. Montanez petitions for a writ of certiorari directed at the trial court's order which denied his motion for immunity and motion to dismiss. We conclude that the trial court did not err, and we therefore deny the petition.

I. Facts

In this case Montanez, the owner of a tow truck company, shot and killed Glen Rich, whose car had been towed by one of Montanez's employees. Rich was shot while attempting to recover his vehicle...

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