THE STATE OF FLORIDA, APPELLANT,
v.
FRED ELLIOT ROSENBERG, APPELLEE
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PER CURIAM.
The state appeals an order dismissing a charge of theft of trade secrets brought against defendant. Defendant filed a motion to dismiss the charge asserting that the customer lists he was accused of stealing were not confidential, and hence, not trade secrets. The state filed a traverse denying these facts. The trial court granted defendant’s motion, and dismissed the charge.
We reverse the dismissal. The state’s traverse denied the facts alleged in the motion to dismiss and was sufficient to overcome the motion. When a motion to dismiss “is met with a traverse by the State which specifically denies under oath the material facts alleged, the motion to dismiss must automatically be denied.” State v. Harrell, 588 So. 2d 54, 55 (Fla. 3d DCA 1991). Moreover, in this case there is a genuine issue of material fact regarding the confidential nature of the customer lists in question. See Harrell; State v. Reid, 542 So. 2d 453 (Fla. 3d DCA), review denied, 551 So. 2d 462 (Fla.1989).
Reversed.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
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State v. Kerby Presume, 710 So. 2d 604 (Fla. 4th DCA 1998)…specifically denies under oath the material facts alleged, the motion to dismiss must automatically be denied.” State v. Sawyer, 526 So. 2d 191, 191-92 (Fla. 3d DCA 1988) (emphasis added) (citing Fla. R.Crim.P. 3.190(d)); accord State v. Rosenberg, 648 So. 2d 1253 (Fla. 3d DCA 1995); State v. Weinstein, 623 So. 2d 835 (Fla. 4th DCA 1993); Whatley v. State, 584 So. 2d 219 (Fla. 4th DCA 1991); State v. McKinnon, 546 So. 2d 464 (Fla. 4th DCA 1989). The situation at bar is most factually akin to the third distri…
Authorities Cited
- State v. Everald Montgomery Reid, 542 So. 2d 453 (Fla. 3d DCA 1989)
- State v. Harrell, 588 So. 2d 54 (Fla. 3d DCA 1991)