STATE v. BROSKY

No. 3D10-1503.

79 So.3d 134 (2012)

STATE of Florida, Appellant, v. Paul BROSKY, Appellee.

District Court of Appeal of Florida, Third District.

February 1, 2012.


Attorney(s) appearing for the Case

Pamela Jo Bondi , Attorney General, and Ansley B. Peacock , Assistant Attorney General, and Douglas Glaid , Senior Assistant Attorney General, for appellant.

Carlos J. Martinez , Public Defender, and Stephen J. Weinbaum , Assistant Public Defender, for appellee.

Before SHEPHERD, SUAREZ, and SALTER, JJ.


SUAREZ, J.

The State of Florida seeks to reverse a trial court order dismissing charges against Paul Brosky. We reverse and remand for reinstatement of those charges.

The trial court's sua sponte dismissal of the charges was an abuse of discretion, no matter how frustrated (and rightly so) the trial judge was with both sides over the progress of this matter. Florida case law clearly provides that, in the absence of statute or motion to dismiss, the...

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