Smith v. State , 2005 Fla. App. LEXIS 8087 ( 2005 )

WOLF, C.J.

Both parties agree, and we concur, that the order on review is not an appealable non-final order. See Fla. R.App. P. 9.140(b)(1). We, however, treat the notice of appeal and subsequently filed initial brief as a petition for writ of certiorari and deny relief.

KAHN and POLSTON, JJ., concur.