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GENDEN v. FULLER

No. 83030.

648 So.2d 1183 (1994)

Michael A. GENDEN, Petitioner, v. William FULLER, Respondent.

Supreme Court of Florida.

Rehearing Denied January 26, 1995.

Attorney(s) appearing for the Case

Robert A. Butterworth, Atty. Gen.; Katherine Fernandez Rundle, State Atty., and Lisa Berlow-Lehner, Asst. State Atty., Eleventh Judicial Circuit, Miami, for petitioner.

Bennett H. Brummer, Public Defender, and Bruce A. Rosenthal, Asst. Public Defender, Eleventh Judicial Circuit, Miami, for respondent.

KOGAN, Justice.

We have for review Fuller v. Genden, 630 So.2d 1150 (Fla. 3d DCA 1993), in which the Third District Court of Appeal certified the following question as being of great public importance:

Whether the holding of State v. Agee applies when the prosecution is terminated by a voluntary dismissal before an indictment or information rather than a "nolle prosse" filed after an information or indictment...

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