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STATE v. WOOD

No. 87-2844.

527 So.2d 961 (1988)

STATE of Florida; James T. Russell, State Attorney for the Sixth Judicial Circuit; Robert A. Butterworth, Attorney General; and Randy Miller, Executive Director, Department of Revenue, Appellants, v. Joseph M. WOOD, Jr., Appellee.

District Court of Appeal of Florida, Second District.

July 6, 1988.

Attorney(s) appearing for the Case

Robert A. Butterworth, Atty. Gen., and Kevin J. O'Donnell and Joseph C. Mellinchamp, III, Asst. Attys. Gen., Tallahassee, James T. Russell, State Atty., Tallahassee, and C. Marie King, Asst. State Atty., Clearwater, and Steven S. Rosenthal of Morrison & Foerster, Washington, D.C., for appellants.

Ross B. Ward, Jr., Dunedin, for appellee.

PER CURIAM.

The repeal of the state sales tax on legal services having rendered moot the matters asserted in the appellee's motion to disqualify the state attorney as prosecutor in this case, we reverse the order of the trial judge denying the motion based on his conclusion that chapter 87-6, Laws of Florida, is unconstitutional, and we remand with directions that the appellee's motion be dismissed.

SCHEB, A.C.J., and DANAHY and FRANK...

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