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356 So. 2d 901

State v. Wardlow

District Court of Appeal of Florida

Decided March 22, 1978

District Court of Appeal of Florida · decided 1978-03-22

Key passage — most relied on by later courts

“A motion to dismiss under paragraph (c)(4) of this rule shall be denied if the State files a traverse which denies under oath a material fact alleged in the motion to dismiss.”

quoted by 1 later decision, including State v. Power

Relies on 338 So. 2d 1313 - State v. News-Press Pub. Co.

Good law ✅— No negative treatment on recordhow we know

Decided 1978-03-22

How this case has been cited

Cited by 10 later decisions — most recently July 2000

10 state decisions

301978198019902000decided

Later decisions citing this case, by decade. The current decade is in progress, and our corpus holds fewer opinions from the most recent years, so the latest bars are undercounted — not a real decline.

View the full empirical analysis of this case →

PER CURIAM.

¶1Appellant, the State of Florida, contends that the trial court erred in granting the motion to dismiss filed by appellee/defend-ant, Johnny Wardlow. We agree.

¶2After appellee filed a motion to dismiss a one-count information charging him with making a false statement for the purpose of obtaining food stamps, in violation of Section 409.325, Florida Statutes (Supp.1976), the state filed a sworn traverse which specifically denied the factual allegations contained in the motion. Fla.R.Crim.P. 3.190(d) states in pertinent part: “A motion to dismiss under paragraph (c)(4) of this rule shall be denied if the state files a traverse which denies under oath a material fact alleged in the motion to dismiss.” Accordingly, the trial court should have denied the motion, and it was error to dismiss the information. See State v. News-Press Publishing Co., 338 So.2d 1313 (Fla. 2d DCA 1976).

¶3We reverse the trial court’s order and remand the case for further proceedings consistent with this opinion.

¶4REVERSED and REMANDED.

BOARDMAN, C. J., and HOBSON and GRIMES, JJ., concur.
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