State v. Anastasios Patsas

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IN THE DISTRICT COURT OF APPEAL OF THE STATE OF FLORIDA FIFTH DISTRICT JANUARY TERM 2011 STATE OF FLORIDA, Appellant, v. Case No. 5D10-2844 ANASTASIOS PATSAS, Appellee. ________________________________/ Opinion filed May 13, 2011 Appeal from the Circuit Court for Orange County, John H. Adams, Sr., Judge. Pamela Jo Bondi, Attorney General, Tallahassee, and Wesley Heidt, Assistant Attorney General, Daytona Beach, for Appellant. No Appearance for Appellee. PER CURIAM. We reverse the trial court s sua sponte order dismissing a 1985 felony charge filed against Anastasios Patsas. The record reflects that the State did not receive notice or an opportunity to be heard prior to the rendition of the order of dismissal. The fundamental requisites of due process of law are notice and the opportunity to be heard. See, e.g., Mullane v. Cent. Hanover Bank & Trust Co., 339 U.S. 306, 314 (1950). ORDER OF DISMISSAL QUASHED. SAWAYA, TORPY and EVANDER, JJ., concur.

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