HURLEY, Judge.
This appeal illustrates the interrelationship of two subsections of Rule 3.190, Fla.R. Crim.P. — subsection (c)(4) which allows a motion to dismiss and subsection (d) which authorizes a traverse or demurrer. Since the sworn traverse in the case at bar specifically denied a material fact in the defendant's motion, the trial court was obligated by the plain meaning of the rule to deny the motion. Its failure to do so requires us to reverse.
Let's get started
Welcome to the leading source of independent legal reporting
Sign on now to see your case.
Or view more than 10 million decisions and orders.
- Updated daily.
- Uncompromising quality.
- Complete, Accurate, Current.