IN THE DISTRICT COURT OF APPEAL OF THE STATE OF FLORIDJFIFTH DISTRICTGEORGE ZIMMERMAN,
Petitioner,v. CASE NO. 5D13-1233STATE OF FLORIDA,Respondent.
RESPONSE TO PETITION FOR WRIT OF CERTIORARICOMES NOW, Respondent, State of Florida, through theundersigned assistant attorney general, pursuant to Florida Rule ofAppellate Procedure 9.100(h) and this Court's April 8, 2013, order,and responds to Petitioner's Petition for Writ of Certiorari.Respondent requests this Court deny the petition.STANDARD OF REVIEWCertiorari is an extraordinary remedy that is available onlyin limited circumstances. Certiorari is not a substitute for anappeal. See Cotton States Mut. Ins, v. D'Alto, 879 So. 2d 67 (Fla.1st DCA 2004) . As the Florida Supreme Court has explained,"'certiorari is an extraordinary remedy and [it] should not be usedto circumvent the interlocutory appeal rule which authorizes appealfrom only a few types of non-final orders.'" Belair v. Drew, 770So. 2d 1164, 1166 (Fla. 2000)(quoting Martin-Johnson, Inc. v.Savage, 509 So. 2d 1097, 1098 (Fla. 1987)).In granting writs of common-law certiorari, "the districtcourts of appeal should not be as concerned with the mere existence
E-Copy Received Apr 24, 2013 3:33 PM