STATE v. ALVAREZ

No. 85-2199.

492 So.2d 710 (1986)

STATE of Florida, Appellant, v. Frank Don ALVAREZ, Appellee.

District Court of Appeal of Florida, Fourth District.

Rehearing Denied September 5, 1986.


Attorney(s) appearing for the Case

Jim Smith, Atty. Gen., Tallahassee, Richard G. Bartmon, Asst. Atty. Gen., West Palm Beach, for appellant.

J. David Bogenschutz of Kay, Bogenschutz and Zeidwig, P.A., Fort Lauderdale, for appellee.


GLICKSTEIN, Judge.

This is an appeal by the state from an order which granted the defendant's motion to dismiss for lack of jurisdiction and discharged the defendant. We affirm.

The trial court originally entered an order of dismissal because of the state's failure to file a timely traverse to the defendant's sworn motion to dismiss. The state then filed a motion for rehearing which was heard on March 13, 1985, but not ruled upon that day. On March 14, 1985...

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