THE STATE OF FLORIDA, APPELLANT,
v.
RICHARD ROEDERER, APPELLEE
THE STATE OF FLORIDA, APPELLANT,
RICHARD ROEDERER, APPELLEE
804 So. 2d 618
Florida District Court of Appeal, Third District (2002)
Positive Treatment
Cited by 3 cases
Opinion of the Court
PER CURIAM.
We reverse the order dismissing the charges against defendant. The record reflects that the state filed traverses disputing material facts alleged by defendant in his sworn dismissal motion, and adding additional material facts. Under these circumstances, denial of the dismissal motion is mandatory. See State v. Kalogeropolous, 758 So. 2d 110 (Fla.2000); State v. Figuereo, 761 So. 2d 1252 (Fla. 3d DCA 2000)(trial court may not decide issues of material fact; such issues-including entrapment-should be left for determination at trial). Accordingly, the cause is remanded with directions to reinstate the prosecution.
Reversed and remanded.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
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State v. Terma, 997 So. 2d 1174 (Fla. 3d DCA 2008)…(Fla. 3d DCA 1981). Because material facts are disputed, “denial of the motion to dismiss is mandatory” and, we find that the trial court erred in granting Terma’s motion to dismiss. See Kalogeropolous, 758 So. 2d at 112; State v. [*1179] Roederer, 804 So. 2d 618 (Fla. 3d DCA 2002). Accordingly, for the foregoing reasons, we reverse the trial court’s order of dismissal and remand for reinstatement of the charges against Terma. Reversed and remanded. . Rule 3.190(c)(4) states in pertinent part: [T]he court…
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Garcia v. Fla. Unemployment Appeals Comm'n, 923 So. 2d 1193 (Fla. 3d DCA 2006)…ecause the record does not contain substantial competent evidence to support a finding of misconduct serious enough to disqualify Garcia from receiving unemployment compensation benefits, we reverse. See Mitchell v. Fla. Unemployment Appeals Comm’n, 804 So. 2d 618 (Fla. 3d DCA 2002)(although work attitude and demean- or may not have been appropriate, there [*1194] was no evidence of misconduct serious enough to warrant disqualification from receiving unemployment benefits); Carmona v. Fla. Unemployment Appeal…
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Elroy A. Leonard v. Fla. Unemployment Appeals Comm'n, 836 So. 2d 1084 (Fla. 3d DCA 2003)…ployment. However, “the record does not contain substantial competent evidence to support a finding of misconduct serious enough to disqualify [him] from receiving unemployment compensation benefits.” Mitchell v. Florida Unemployment Appeals Comm’n, 804 So. 2d 618, 618 (Fla. 3d DCA 2002) (citing Carmona v. [*1085] Florida Unemployment Appeals Comm’n, 826 So. 2d 1014, 1015 (Fla. 3d DCA 2001)). Accordingly, we reverse with directions to afford the claimant the entire amount of benefits claimed. REVERSED.…
Authorities Cited
- State v. Kalogeropolous, 758 So. 2d 110 (Fla. 2000)
- State v. Figuereo, 761 So. 2d 1252 (Fla. 3d DCA 2000)