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Dominic A. DiMaio v. State of Florida

Citation: Not availableDocket: 22-0941

Court: District Court of Appeal of Florida; September 21, 2022; Florida; State Appellate Court

Original Court Document: View Document

Narrative Opinion Summary

The First District Court of Appeal of Florida issued a decision on case number 1D22-0941 involving petitioner Dominic A. DiMaio and respondent State of Florida. The court denied DiMaio's petition for a writ of certiorari, concluding that the petition lacked merit. Additionally, all motions submitted alongside the petition were declared moot. Judges Lewis, Makar, and Jay concurred with the decision. The ruling is not considered final until any timely and authorized motions under Florida Rules of Appellate Procedure 9.330 or 9.331 are resolved. DiMaio represented himself in the matter, while the respondent was represented by Attorney General Ashley Moody of Tallahassee.

Legal Issues Addressed

Concurrence of Judges

Application: The decision to deny the petition was unanimously agreed upon by the judges involved in the case.

Reasoning: Judges Lewis, Makar, and Jay concurred with the decision.

Denial of Writ of Certiorari

Application: The court denied the petition for a writ of certiorari, determining that the petition lacked sufficient merit to warrant judicial intervention.

Reasoning: The court denied DiMaio's petition for a writ of certiorari, concluding that the petition lacked merit.

Finality of Ruling

Application: The ruling is subject to change pending the resolution of any timely and authorized motions as per Florida appellate rules.

Reasoning: The ruling is not considered final until any timely and authorized motions under Florida Rules of Appellate Procedure 9.330 or 9.331 are resolved.

Mootness of Motions

Application: All motions submitted in conjunction with the petition for a writ of certiorari were rendered moot by the court's decision to deny the petition.

Reasoning: Additionally, all motions submitted alongside the petition were declared moot.

Representation of Respondent

Application: The State of Florida, as the respondent, was represented by the Attorney General in the appellate proceedings.

Reasoning: The respondent was represented by Attorney General Ashley Moody of Tallahassee.

Self-representation

Application: The petitioner, Dominic A. DiMaio, acted as his own legal representative in the proceedings.

Reasoning: DiMaio represented himself in the matter.