WIGGINTON, Judge.
This cause is before us on appeal from the trial court's order denying Saxon's petition for an "Amended, Writ of Habeas Corpus, Ad Subjiciendum." The trial court treated the petition as essentially an "amended motion for dismissal for failure to grant a speedy trial," and denied the "motion" because Saxon refused to waive extradition and was therefore unavailable for trial. Fla.R.Crim.P. 3.191(b)(1) and (c). We reverse.
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