Kearns v. Korda

ANSTEAD, Judge.

The respondent trial judge granted petitioners’ motion to dismiss on the grounds that the statute under which the petitioners were being prosecuted was unconstitutional. See generally, State v. Benitez, 395 So.2d 514 (Fla.1981). The state did not appeal. Subsequently, in Benitez, supra, the statute in question was found to be constitutional. The state then filed a motion before the respondent to reinstate the cause and the motion was granted. The petitioners now claim that upon dismissal the trial court lost jurisdiction and had no authority to reinstate the case. In response…