Supreme Court of Florida, 1981

State v. Foxx

State v. Foxx
Supreme Court of Florida · Decided May 21, 1981 · Adkins, Alderman, Boyd, England, McDonald, Overton, Sundberg
398 So. 2d 1353; 1981 Fla. LEXIS 2697 (Southern Reporter, Second Series)

State v. Foxx

Opinion of the Court

PER CURIAM.

Because the trial court granted defendant’s motion to suppress all evidence subsequent to its declaration of the unconstitutionality of section 893.135, Florida Statutes (1979), and because the state did not appeal the order to suppress which is a controlling disposition of this case, the state’s appeal from the trial court’s order granting defendant’s motion to dismiss is now moot and is therefore dismissed.

It is so ordered.

SUNDBERG, C. J., and OVERTON, ENGLAND, ALDERMAN and MCDONALD, JJ., concur. ADKINS and BOYD, JJ., dissent.

Case-law data current through December 31, 2025. Source: CourtListener bulk data.