State v. Trujillo

Florida Circuit Courts

State v. Trujillo

37 Fla. Supp. 2d 55

Circuit Court for the Judicial Circuits of Florida·Decided November 3, 1989·No. Case No. 87-014 AC·Published

Opinion

OPINION OF THE COURT

PER CURIAM.

The appellee was charged with violation of right of way, fleeing the scene of an accident, fleeing a police officer, driving with improper or unsafe equipment, driving without a vehicle registration, driving without a valid driver’s license, driving with a suspended driver’s license, and driving under the influence.

The court entered an order granting a motion to compel and [56] ordering that upon failure to appear for deposition, the case would be dismissed, (November 18, 1986). The witnesses failed to appear, a motion to dismiss was filed and granted (December 12, 1986). The State is under no obligation to produce witnesses for deposition. (State v Adderly, 411 So.2d 981 (Fla. 3d DCA 1982)).

Accordingly, the ruling of the lower court is reversed with instructions to reinstate the case and proceed to trial.

NADLER, ROBINSON and GERSTEIN, JJ., concur.

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OPINION OF THE COURT

PER CURIAM.

The appellee was charged with violation of right of way, fleeing the scene of an accident, fleeing a police officer, driving with improper or unsafe equipment, driving without a vehicle registration, driving without a valid driver’s license, driving with a suspended driver’s license, and driving under the influence.

The court entered an order granting a motion to compel and [56] ordering that upon failure to appear for deposition, the case would be dismissed, (November 18, 1986). The witnesses failed to appear, a motion to dismiss was filed and granted (December 12, 1986). The State is under no obligation to produce witnesses for deposition. (State v Adderly, 411 So.2d 981 (Fla. 3d DCA 1982)).

Accordingly, the ruling of the lower court is reversed with instructions to reinstate the case and proceed to trial.

NADLER, ROBINSON and GERSTEIN, JJ., concur.

State v. Trujillo, 37 Fla. Supp. 2d 55 (Fla. Super. Ct. 1989).

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Opinion

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