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STATE v. DELAMA

No. 3D07-1361.

967 So.2d 385 (2007)

The STATE of Florida, Petitioner, v. Eloy DELAMA and Theresa Jimenez, Respondents.

District Court of Appeal of Florida, Third District.

Rehearing Denied November 9, 2007.

Attorney(s) appearing for the Case

Bill McCollum, Attorney General; Katherine Fernandez Rundle, State Attorney, and Penny H. Brill, Assistant State Attorney, for petitioner.

Bennett H. Brummer, Public Defender, and Marti Rothenberg, Assistant Public Defender, for respondent Eloy Delama; Mark Graham Hansen, for respondent Theresa Jimenez.

Before GERSTEN, C.J., and ROTHENBERG, J., and SCHWARTZ, Senior Judge.

PER CURIAM.

While the ruling below was entirely understandable, the trial court lacked authority to deny the state's request to issue a rule to show cause against the respondent Jimenez under the circumstances. Accordingly, the order on review is quashed and the cause remanded for further proceedings.

ROTHENBERG, J., and SCHWARTZ, Senior Judge, concur.

GERSTEN, C.J., dissenting.

I respectfully dissent on two grounds. First, neither the rules...

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