Third District Court of Appeal
State of Florida
Opinion filed February 4, 2015.
Not final until disposition of timely filed motion for rehearing.
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No. 3D15-159
Lower Tribunal No. 12-7443
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The State of Florida,
Petitioner,
vs.
Aaron Maldonado,
Respondent.
On Petition for Writ of Certiorari to the Circuit Court for Miami-Dade
County, Dennis Murphy, Judge.
Pamela Jo Bondi, Attorney General, and Robert Martinez Biswas, Assistant
Attorney General, for petitioner.
Carlos J. Martinez, Public Defender, and Susan S. Lerner, Assistant Public
Defender, for respondent.
Before WELLS, LAGOA, and LOGUE, JJ.
LAGOA, J.
The State of Florida petitions this Court for the issuance of a writ of
certiorari quashing the trial court’s order denying the State’s motion to place the
Respondent, Aaron Maldonado, into custody. Because the trial court has not
rendered a written order, we dismiss this petition for lack of certiorari jurisdiction.
See Burns v. State,
906 So. 2d 351, 351 (Fla. 3d DCA 2005) (“[S]ince the trial
court has not rendered an order regarding the defendant's bond, and in fact has not
modified the defendant's pretrial release, we conclude that the certiorari
jurisdiction of this court has not been invoked.”); see also Owens v. State,
579 So.
2d 311, 312 (Fla. 1st DCA 1991) (district court of appeal did not have jurisdiction
absent signed, written order by trial court and transcript could not substitute for
written order); Fla. Citrus Comm’n v. Griffin,
249 So. 2d 42, 43 (Fla. 2d DCA
1971) (even if order on appeal was dictated into the record, but the trial judge did
not render a written order, the appeal must be dismissed for lack of jurisdiction).
Petition dismissed.
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