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STATE v. NESSIM

No. 89-0514.

587 So.2d 1343 (1991)

STATE of Florida, Appellant, v. Albert E. NESSIM, Appellee.

District Court of Appeal of Florida, Fourth District.

May 8, 1991.

Attorney(s) appearing for the Case

Robert A. Butterworth, Atty. Gen., Tallahassee, and Joan Fowler, Asst. Atty. Gen., West Palm Beach, for appellant.

Edward M. Kay of Law Offices of Kay and Bogenschutz, P.A., Fort Lauderdale, for appellee.

ON MOTION FOR REHEARING EN BANC

STONE, Judge.

We grant the state's motion for rehearing en banc in order to maintain consistency with our prior opinion in State v. Quinn, 518 So.2d 474 (Fla. 4th DCA 1988).

The state has appealed a trial court order "granting defendant's motion to dismiss" for outrageous governmental misconduct. The order did not discharge the defendant or contain language of "finality."...

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