Opinion
No. 78-137.
July 21, 1978.
Appeal from the Circuit Court, Pinellas County, Jack A. Page, J.
Robert L. Shevin, Atty. Gen., Tallahassee, Martha J. Cook and Eula T. Mason, Asst. Atty. Gen., Tampa, for appellant.
Robert E. Jagger, Public Defender, and David J. Abbey, Asst. Public Defender, St. Petersburg, for appellee.
Because of the factual circumstances presented here we hesitate to affirm the order of the trial court discharging appellee, L.B.F., a child, for want of speedy trial, however, the rule is explicit in its terms, applies to all equally, and to be effective must be enforced. Therefore, we affirm.
Fla.R.Juv.P. 8.180(b) Speedy Trial provides:
If the adjudicatory hearing is not begun within ninety (90) days or an extension thereof as hereinafter provided the petition shall be dismissed with prejudice.
AFFIRMED.
BOARDMAN, A.C.J., OTT, J., and PIERCE, WILLIAM C., J. (Ret.), concur.