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STATE v. SAUFLEY

No. 89-1971.

574 So.2d 1207 (1991)

STATE of Florida, Appellant, v. Todd D. SAUFLEY, Appellee.

District Court of Appeal of Florida, Fifth District.

February 21, 1991.

Attorney(s) appearing for the Case

Robert A. Butterworth, Atty. Gen., Tallahassee, and Bonnie Jean Parrish, Asst. Atty. Gen., Daytona Beach, for appellant.

James P. Gibson, Public Defender, and Michael S. Becker, Asst. Public Defender, Daytona Beach, for appellee.

ON REHEARING EN BANC

HARRIS, Judge.

In response to the State's motion for rehearing we grant the motion, withdraw our previous opinion, and substitute the following.

JURISDICTION

The issue is whether an order granting a motion to suppress, rather than an order suppressing evidence, is an appealable order. In Lawler v. Harris, 418 So.2d 1239 (Fla. 5th DCA 1982) this court held that an order granting...

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