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STATE v. NESSIM

No. 89-0514.

587 So.2d 1344 (1991)

STATE of Florida, Appellant, v. Albert E. NESSIM, Appellee.

District Court of Appeal of Florida, Fourth District.

Rehearing or Certification Denied November 18, 1991.

Attorney(s) appearing for the Case

Robert A. Butterworth, Atty. Gen., Tallahassee, and Joan Fowler and Alfonso M. Saldana, Asst. Attys. Gen., West Palm Beach, for appellant.

Edward M. Kay of Law Offices of Kay and Bogenschutz, P.A., Fort Lauderdale, for appellee.

ON THE MERITS

DOWNEY, Judge.

This is an appeal from an order in a criminal case granting appellant's motion to dismiss the cause for outrageous governmental misconduct. We initially dismissed the appeal based upon Russell v. Russell, 507 So.2d 661 (Fla. 4th DCA 1987). However, on petition for rehearing, the case was considered en banc and in an opinion in State v....

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