Legal Opinion

State v. Herman

District Court of Appeal of Florida

Decided April 4, 1985No. 84-1029PublishedCited by 1 opinion

1Opinion of the Court

SHARP, Judge.

The state appeals from an order granting Herman’s motion to dismiss pursuant to Florida Rule of Criminal Procedure 3.190(c)(4). The trial court granted the motion because it found that section 559.801, Florida Statutes (1983) does not apply to the type of transaction charged in the information. We reverse.

The sole issue in this case is the construction of section 559.801. Herman was *436charged with the unlawful sale of a business opportunity without first having filed a copy of the required disclosure statement with the Division of Consumer Services of the Department of Agriculture…

2Cases cited5 opinions

  1. Smith v. Piezo Technology & Prof. Adm'rsSupreme Court of Florida · 1983
  2. City of St. Petersburg v. SieboldSupreme Court of Florida · 1950
  3. Infante v. StateDistrict Court of Appeal of Florida · 1967
  4. Kirksey v. StateDistrict Court of Appeal of Florida · 1983
  5. Linkous v. DEPARTMENT OF PROF. REG.District Court of Appeal of Florida · 1982

3Cited by1 opinion

  1. Lloyd Citrus Trucking, Inc. v. DEPT. OF AGR. AND CONSUMER SERVS.District Court of Appeal of Florida · 1991

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