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ALLIED FIDELITY INS. CO. v. STATE, ETC.

No. 81-1279.

408 So.2d 756 (1982)

ALLIED FIDELITY INSURANCE COMPANY, Appellant, v. The STATE of Florida, for the Use and Benefit of Dade County, Appellee.

District Court of Appeal of Florida, Third District.

January 12, 1982.

Attorney(s) appearing for the Case

Neil I. Maryanoff, Miami, for appellant.

Robert A. Ginsburg, County Atty., and James A. Jurkowski, Asst. County Atty., for appellee.

Before SCHWARTZ and DANIEL S. PEARSON, JJ., and OWEN, WILLIAM C., Jr., (Ret.), Associate Judge.

DANIEL S. PEARSON, Judge.

When the State chooses, as is its prerogative, and apparently often its wont, to announce that it brings "no action,"1 because it is not prepared to charge a defendant in an information or indictment or, alternatively, to afford to the defendant an adversary preliminary hearing within twenty-one days from the date of his arrest, see Fla.R.Crim.P. 3.131(b), it must accept the consequences of its action,...

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