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MARIDON v. KRISCHER

No. 95-0797.

664 So.2d 40 (1995)

Harold C. MARIDON and Kathryn A. Elliott, Appellants, v. Barry KRISCHER, as State Attorney for the 15TH Judicial Circuit, and Robert Butterworth, as Attorney General for the State of Florida, Appellees.

District Court of Appeal of Florida, Fourth District.

December 6, 1995.

Attorney(s) appearing for the Case

Robin Corwin Campbell and Wayne H. Schwartz, of Atlas, Pearlman, Trop & Borkson, P.A., Fort Lauderdale, and Benedict P. Kuehne, of Sale & Kuehne, P.A., Miami, for appellants.

Robert A. Butterworth, Attorney General, and Susan P. Stephens, Assistant Attorney General, Tallahassee, for appellees.

PER CURIAM.

In this appeal we affirm the decision of the trial court in dismissing the appellants' complaint for declaratory relief based on a pending criminal action, Taylor v. Cooper, 60 So.2d 534 (Fla. 1952), but remand with direction to the trial judge that such action be dismissed without prejudice. This will enable the appellants to refile the action if the information has...

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