
    STATE OF FLORIDA v SCHWARTZ
    Case No. 85-261 AC
    Eleventh Judicial Circuit, Appellate Division, Dade County
    December 2, 1986
    APPEARANCES OF COUNSEL
    Jim Smith, Attorney General, and Nancy C. Wear, Assistant Attorney General, for appellant.
    Barry D. Silverstein for appellee.
    Before SIMONS, SALMON, ROBINSON, JJ.
   OPINION OF THE COURT

PER CURIAM.

Appellant appeals the granting of a sworn Motion to Dismiss. We reverse and remand for trial.

The sworn motion to dismiss which was granted by the Court was not a statement of facts as contemplated by Fla. R. Crim. P. 3.190(C)(4) and was legally insufficient on its face to even require a traverse by the State. See State v. Terrell, 406 So.2d 1215 (Fla. 3d DCA 1981), State v. Pena-Salazar, 405 So.2d 254 (Fla. 3d DCA 1981). Having reached this initial conclusion, the remaining points on appeal need not be addressed.

REVERSED.  