HEBENSTREIT v. STATE

No. 5D06-2949.

968 So.2d 80 (2007)

Samuel W. HEBENSTREIT, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, Fifth District.

November 9, 2007.


Attorney(s) appearing for the Case

Robert Wesley, Public Defender, and Lisa L. Jama, Assistant Public Defender, Orlando, for Appellant.

Bill McCollum, Attorney General, Tallahassee, and Pamela J. Koller, Assistant Attorney General, Daytona Beach, for Appellee.


LARUE, T., Associate Judge.

Defendant Hebenstreit appeals a Circuit Court ruling below which denied a petition for writ of prohibition that Defendant had filed in the Circuit Court by which he sought to prevent the County Court from holding an evidentiary hearing. The basis of the denial was that the petition was moot inasmuch as the hearing had been held before a ruling was issued. On that narrow issue, we affirm.

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