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

Fla. 3d DCA | 1993-12-21
No. 93-2141
Before BARKDULL, JORGENSON and LEVY, JJ.
630 So. 2d 1165 Florida District Court of Appeal, Third District (1993) Positive Treatment
Cited by 3 cases
Opinion of the Court
PER CURIAM

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.

Cases With Similar Vibessemantic neighbors from the corpus

Citator

Cited By

  • Farina v. Perez, 647 So. 2d 113 (Fla. 1994)
    …KOGAN, Justice. We have for review Perez v. Farina, 630 So. 2d 1165 (Fla. 2d DCA 1993), in which the district court certified the following question as being of great public importance: Whether the holding of State v. Agee, 622 So. 2d 473 (Fla.1993) applies when the prosecution is terminated by a voluntary dismissa…
  • Garrett v. State, 640 So. 2d 1196 (Fla. 3d DCA 1994)
    …Fla.1993), and Fuller v. Genden, 630 So. 2d 1150 (Fla. 3d DCA 1993), rev. granted, 639 So. 2d 978 (Fla.1994), we reverse the order under review and remand with directions to grant Garrett’s motion to dismiss. As we did in Fuller and Perez v. Farina, 630 So. 2d 1165 (Fla. 3d DCA 1993), rev. granted, 639 So. 2d 977 (Fla.1994), we certify to the supreme court the following question of great public importance: Whether the Holding of State v. Agee Applies When the Prosecution Is Terminated by a Voluntary Dismissa…
  • State v. Dilger, 643 So. 2d 91 (Fla. 3d DCA 1994)
    …period. We affirm based upon State v. Agee, 622 So. 2d 473 (Fla.1993); Garrett v. State, 640 So. 2d 1196 (Fla. 3d DCA 1994); Fuller v. Genden, 630 So. 2d 1150 (Fla. 3d DCA 1993), rev. granted, 639 So. 2d 978 (table) (Fla.1994); and Perez v. Farina, 630 So. 2d 1165 (Fla. 3d DCA 1993), rev. granted, 639 So. 2d 977 (table) (Fla.1994). As we did in Garrett, Fuller, and Perez, we certify to the Florida Supreme Court the following question of great public importance: Whether the holding of State v. Agee applies w…

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