Florida District Courts of Appeal, 1981

Smith v. Moe ex rel. Broward County

Florida District Courts of Appeal · Decided January 8, 1981 · Anstead, Beranek, Hurley

392 So. 2d 970; 1981 Fla. App. LEXIS 18616 (Southern Reporter, Second Series)

Opinion of the Court

PER CURIAM.

The petition for writ of certiorari is granted and the trial court's order of October 6, 1980, is hereby quashed.

ANSTEAD and HURLEY, JJ., concur. BERANEK, J., dissents, with opinion.

BERANEK, Judge,

dissenting.

I respectfully dissent. In my view the defendant has failed to demonstrate prejudice and I would deny certiorari.

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