Opinion
No. 80-2205.
October 6, 1981.
Appeal from Circuit Court, Dade County; Joseph Durant, Judge.
Jim Smith, Atty. Gen., and Alan T. Lipson, Asst. Atty. Gen., for appellant.
Bennett H. Brummer, Public Defender, and Andrew M. Kassier, Asst. Public Defender, for appellee.
Before DANIEL S. PEARSON and FERGUSON and JORGENSON, JJ.
The appellee having confessed error in the trial court's granting of his sworn motion to dismiss, and such error clearly appearing, see Ensor v. State, 403 So.2d 349 (Fla. 1981), the order of dismissal is reversed and the cause remanded for further proceedings.
Reversed and remanded.