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STATE v. COMMITMENT OF TIMMS

No. 4D00-3629.

849 So.2d 462 (2003)

STATE of Florida, Appellant, v. The COMMITMENT OF Gerald TIMMS, Appellee.

District Court of Appeal of Florida, Fourth District.

July 16, 2003.

Attorney(s) appearing for the Case

Charles J. Crist, Jr., Attorney General, Tallahassee, and Sue-Ellen Kenny, Assistant Attorney General, West Palm Beach, for appellant.

Carey Haughwout, Public Defender, and Ian Seldin, Assistant Public Defender, West Palm Beach, for appellee.

PER CURIAM.

The state appeals an order dismissing its second petition for Timms' involuntary civil commitment under the Jimmy Ryce Act, sections 394.910 through 394.931, Florida Statutes (2000), because the state's appeal of the dismissal of its first petition was still pending. The court determined that pending appeal divested it of jurisdiction to proceed on the second petition. Because the two petitions were identical as to the issues raised, the trial court correctly...

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