posted 2015 | L.M. v State
Client was arrested for three misdemeanor counts of contracting without a license, but the state ultimately increased the charge and filed it as a felony. The client was not served with the capias until 3 years later. Once he was served, trial counsel explained the situation to Mr. Forman, who suggested that trial counsel file a motion to dismiss based upon the statute of limitations. The trial court denied the motion. Client hired Mr. Forman, who filed a petition for writ of prohibition arguing that the trial court had no jurisdiction to preside over the case. The Fourth District Court of Appeal agreed and granted Mr. Forman’s petition! All charges were dismissed.