State v. McKinnon

Full title: STATE OF FLORIDA, APPELLANT, v. JOY CATHERINE McKINNON, APPELLEE

Court: District Court of Appeal of Florida, Fourth District

Date published: Jul 26, 1989

546 So. 2d 464 (Fla. Dist. Ct. App. 1989)

Opinion

No. 88-3008.

July 26, 1989.

Appeal from the Circuit Court for Broward County; Robert W. Tyson, Jr., Judge.

Robert A. Butterworth, Atty. Gen., Tallahassee, and James J. Carney, Asst. Atty. Gen., West Palm Beach, for appellant.

No appearance for appellee.

PER CURIAM.

REVERSED. A trial court must deny a motion to dismiss if the state files a sworn traverse specifically denying the allegations of the motion. State v. Damico, 542 So.2d 1066 (Fla. 4th DCA 1989).

ANSTEAD, DELL and STONE, JJ., concur.