Legal Opinion · Concurrence

Anderson v. State

District Court of Appeal of Florida

Decided August 9, 2012No. 1D11-0707Published

1ConcurrencePadovano, J.

I concur in all respects with the decision by the majority but wish to emphasize that the decision was based on the narrow ground of invited error and that it does not call into question the validity of our prior decision in Taylor v. State, 65 So.3d 531 (Fla. 1st DCA 2011). Some of the judges of this court believe that the Taylor case is controlling here and they have expressed the view that the court should recede from it. I write to express my disagreement on both of these points.

This court held in Taylor that a dismissal without prejudice for failure to meet the mandatory time limit for…

2Cases cited10 opinions

  1. Kansas v. HendricksSupreme Court of the United States · 1997
  2. Westerheide v. StateSupreme Court of Florida · 2002
  3. Larimore v. StateSupreme Court of Florida · 2009
  4. State v. GoodeSupreme Court of Florida · 2002
  5. Kephart v. HadiSupreme Court of Florida · 2006

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