State v. Wright, 386 So. 2d 583 (Fla. 4th DCA 1980). · Go Syfert
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State v. Wright, 386 So. 2d 583 (Fla. 4th DCA 1980). Cases Citing This Book View Copy Cite
10 citation events across 1 distinct court.
Strongest positive: State v. Kalogeropoulos (fladistctapp, 1999-03-24)
Top citers, strongest first. 3 distinct citers. How cited ↗
discussed Cited as authority (rule) State v. Kalogeropoulos
Fla. Dist. Ct. App. · 1999 · confidence medium
One of the cases cited in Blanco is State v. Wright, 386 So.2d 583, 583 (Fla. 4th DCA 1980), where this court reversed an order of dismissal under Rule 3.190(c)(4) in the face of the state’s traverse, which contained the following two paragraphs: 2.
cited Cited "see" State v. Oberholtzer
Fla. Dist. Ct. App. · 1982 · signal: see · confidence high
See, State v. Wright, 386 So.2d 583 (Fla. 4th DCA 1980).
cited Cited "see, e.g." State v. Wall
Fla. Dist. Ct. App. · 1984 · signal: see, e.g. · confidence low
See, e.g., State v. Wright, 386 So.2d 583 (Fla. 4th DCA 1980); Huggins ; Ellis, 346 So.2d at 1046 ; News-Press Publishing Co., 338 So.2d at 1318 .
Retrieving the full opinion text from the archive…
STATE of Florida, Appellant,
v.
Jerry L. WRIGHT, Appellee.
79-2379.
District Court of Appeal of Florida, Fourth District.
Jul 16, 1980.
386 So. 2d 583
Per Curiam.
Cited by 8 opinions  |  Published

Michael J. Satz, State's Atty., and Patti Englander, Asst. State's Atty., Fort Lauderdale, for appellant.

Donald A. Wich, Jr., of Sullivan, Ranaghan, Bailey & Gleason, P.A., Pompano Beach, for appellee.

PER CURIAM.

Appellee, charged with committing an armed robbery, filed a sworn motion to dismiss. The state filed the following traverse to the motion:

1. The State specifically denies that there are no material disputed facts in this case.
2. The State specifically denies paragraph two (2) of Defendant's Sworn Motion to Dismiss and further states and alleges that paragraph two (2) is a self-serving statement and that the question of intent is a factual question for jury determination.
3. The State specifically denies paragraph three (3) and further states and alleges that Defendant was a participant in the robbery and did flee with the Co-Defendant after the robbery took place. The State further alleges that paragraph three (3) is a factual question for jury determination.
4. The State specifically denies paragraph four (4) of Defendant's Sworn Motion to Dismiss.

The trial court granted the motion to dismiss and this appeal ensued.

We reverse the order granting the motion to dismiss. Rule 3.190(d) of the Florida[*584] Rules of Criminal Procedure requires only that the traverse deny, with specificity, the material facts alleged in the motion to dismiss. Here the material facts stated in the motion to dismiss are specifically denied. "If material factual allegations of a (c)(4) motion are denied or disputed in the traverse, denial of the motion to dismiss is mandatory." State v. Fort, 380 So.2d 534 (Fla. 5th DCA 1980).

The order is therefore reversed and this cause is remanded for further proceedings.

REVERSED AND REMANDED.

DOWNEY, BERANEK and HERSEY, JJ., concur.