Public-domain · open source
OpenJurist

34 Fla. Supp. 2d 48

State v. Sullivan

Circuit Court for the Judicial Circuits of Florida · decided 1989-04-21

Relies on 305 So. 2d 836 - State v. Roig

Decided 1989-04-21

¶1OPINION OF THE COURT

TED P. COLEMAN, Circuit Judge.

¶2The Court dispenses with oral argument pursuant to Fla.R.App.P. 9.320.

¶3The appellant served its initial brief in this case on December 9, 1989, and filed the original with the court on December 12, 1989. No answer brief has been filed by the Appellee.

¶4The appellant appeals the action of the trial court in dismissing the cause for failure of the appellant (the State) to comply with discovery. *49The record reflects no evidence of intentional misconduct or bad faith by the State to warrant the extreme sanction of dismissal. See Roig v State, 305 So.2d 836 (Fla. 3DCA 1974).

¶5The order of the trial court dismissing this action is reversed and the cause remanded for proceedings consistent with this order.

¶6Motions for rehearing will not be entertained. The Clerk is directed to issue its Mandate forthwith.

¶7DONE AND ORDERED in Chambers at Orlando, Orange County, Florida, this 21st day of April, 1989.

/34/flasupp2d/48 · .json · Public domain