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997 So. 2d 518

Docket No. 1D08-311.

State v. Pendergrass

STATE of Florida, Appellant, v. Curtis Eugene PENDERGRASS, Appellee.

District Court of Appeal of Florida

Decided December 31, 2008.

District Court of Appeal of Florida · decided 2008-12-31

Relies on 593 So. 2d 211 - Sallas v. State

Decided 2008-12-31

¶1Bill McCollum, Attorney General, Bryan Jordan, Assistant Attorney General, Tallahassee; Robert B. Lippelman, Assistant State Attorney, Jacksonville, for Appellant.

¶2Jenna Dean Lopes, Jacksonville, for Appellee.

¶3PER CURIAM.

¶4Appellant seeks review of the trial court's order granting Appellee's Motion to Dismiss Second Amended Information Pursuant to Florida Rule of Criminal Procedure 3.140(g). Both Appellant and Appellee acknowledge that the circumstances of this appeal present a question of mootness. We conclude that because Appellant refiled the information, any potential defects under rule 3.140(g) were cured, thus making it impossible for this court to provide any effectual relief to the parties. As a result, we dismiss the appeal as moot and reject the parties' assertions that the case falls within the exceptions to dismissal. See Godwin v. State,593 So.2d 211, 212 (Fla.1992) (noting three exceptions where an otherwise moot case will not be dismissed).

¶5DISMISSED.

¶6BROWNING, C.J., BARFIELD and THOMAS, JJ., concur.

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