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Florida Circuit Courts, 1986

Bayless v. State

Bayless v. State
Florida Circuit Courts · Decided October 8, 1986 · Feder, Greenbaum, Moie, Tendrich
20 Fla. Supp. 2d 127

Counsel

APPEARANCES OF COUNSEL, Samuel E. Smith for appellant., Jim Smith, Attorney General, and Julie S. Thornton, Assistant Attorney General, for appellee.

Bayless v. State

Opinion of the Court

OPINION OF THE COURT

MOIE J. L. TENDRICH, Judge.

During oral argument, while attorneys for both the Appellant and the Appellee were present, the Appellant withdrew his appeal because the matter being appealed is not dispositive of the case. Therefore, in *128accordance with the procedure set forth in Gray v. State, 379 So.2d 435 (Fla. 2d DCA 1980), Appellant is granted leave to file in the lower court his motion to withdraw the plea of nolo contendere within 30 days from the date of this Order.

Appeal is dismissed without prejudice with leave to file motion with the lower court.

FEDER and GREENBAUM, JJ., concur.

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