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STATE v. RUTHERFORD

No. 4D02-3765.

863 So.2d 445 (2004)

STATE of Florida, Appellant, v. Bryce RUTHERFORD, Appellee.

District Court of Appeal of Florida, Fourth District.

Rehearing Denied February 5, 2004.

Attorney(s) appearing for the Case

Charles J. Crist, Jr., Attorney General, Tallahassee, and Donna L. Eng, Assistant Attorney General, West Palm Beach, for appellant.

Carey Haughwout, Public Defender, and Allen J. DeWeese, Assistant Public Defender, West Palm Beach, for appellee.

SHAHOOD, J.

This is an appeal by the State of Florida from an order granting appellee's, Bryce L. Rutherford, motion to dismiss. At issue is whether the trial court erred in granting appellee's motion to dismiss based on a finding that appellee had absolute immunity from prosecution for filing an allegedly false Florida Bar complaint. We hold the trial court erred, and reverse the order of dismissal.

Appellee was charged by information with perjury by false...

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