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CLARK v. MOORE

No. 84-118.

447 So.2d 383 (1984)

Arnold CLARK, Petitioner, v. The Honorable Edward N. MOORE, As Judge of the Circuit Court of the Eleventh Judicial Circuit of Florida, in and for Dade County, Respondent.

District Court of Appeal of Florida, Third District.

Rehearing Denied April 10, 1984.

Attorney(s) appearing for the Case

Bennett H. Brummer, Public Defender and Karen M. Gottlieb and Bruce Rosenthal, Asst. Public Defenders, for petitioner.

Jim Smith, Atty. Gen. and Richard E. Doran, Asst. Atty. Gen., for respondent.

Before BARKDULL, HUBBART and FERGUSON, JJ.

PER CURIAM.

Based on the controlling authority of Healey v. State, 389 So.2d 278 (Fla. 3d DCA 1980), we grant the petition for a writ of prohibition herein and direct that the respondent trial judge grant the petitioner's motion for discharge filed below. As the respondent, through counsel, concedes, Healey is factually indistinguishable from the instant case and compels the result we reach today. We will withhold...

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