State v. Nessim

ON MOTION FOR REHEARING EN BANC

STONE, Judge.

We grant the state’s motion for rehearing en banc in order to maintain consistency with our prior opinion in State v. Quinn, 518 So.2d 474 (Fla. 4th DCA 1988).

The state has appealed a trial court order “granting defendant’s motion to dismiss” for outrageous governmental misconduct. The order did not discharge the defendant or contain language of “finality.” Therefore, it is facially a non-final order.

This court dismissed the appeal in this case on the authority of Russell v. Russell, 507 So.2d 661 (Fla. 4th DCA 1987). Russell, a civil ease,…