Perez v. Farina
This text of 630 So. 2d 1165 (Perez v. Farina) is published on Counsel Stack Legal Research, covering District Court of Appeal of Florida primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.
Opinion
Miguel PEREZ, Jr., Petitioner,
v.
The Honorable Joseph P. FARINA, Judge of the Circuit Court for the Eleventh Judicial Circuit, in and for Dade County, Respondent.
District Court of Appeal of Florida, Third District.
Roy J. Kahn, Miami, for petitioner.
Robert A. Butterworth, Atty. Gen., and Katherine Fernandez Rundle, State Atty., and Lisa Berlow-Lehner, Asst. State Atty., for respondent.
Before BARKDULL, JORGENSON and LEVY, JJ.
PER CURIAM AFFIRMED.
Pursuant to Fuller v. Genden, 630 So.2d 1150 (Fla. 3d DCA 1993), we issue the Writ of Prohibition requested and certify the question:
Whether the holding of State v. Agee [622 So.2d 473 (Fla. 1993)] applies when the prosecution is terminated by a voluntary dismissal before an indictment or information rather than a "nolle prosse" filed after an information or indictment?
Writ issued.
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630 So. 2d 1165, 1993 WL 530890, Counsel Stack Legal Research, https://law.counselstack.com/opinion/perez-v-farina-fladistctapp-1993.