Opinion
No. 79-213.
March 26, 1980. Rehearing Denied April 30, 1980.
Appeal from Circuit Court, Volusia County; R. Michael Hutcheson, Judge.
Philip J. Snyderburn, Sp. Asst. Atty. Gen., Raymond L. Marky, Asst. Atty. Gen., Tallahassee, Robert K. Good, Asst. Gen. Counsel, Orlando, and Lawrence J. Nixon, Asst. State Atty., Daytona Beach, for appellant.
James M. Russ and I. Paul Mandelkern, Orlando, for appellee, Milton R. Wasman.
Douglas T. Huie, Asst. Public Defender, Daytona Beach, for appellee, William S. Gracey.
No appearance for appellee, Trader's Cove Communities Corp., Ltd.
The issue in this case is the same issue we have resolved in Carcaise v. Durden, 382 So.2d 1236 (Fla. 5th DCA 1980). In this case the trial judge dismissed charges against the appellees on the grounds the statute of limitations had expired. As we held in Carcaise, the statute had not expired so this cause is remanded to the trial court for reinstatement of the charge and the further prosecution of them.
REVERSED AND REMANDED.
CROSS and SHARP, JJ., concur.