granted the motion, and discharged Mr. Hall. Rule 3.191(p)(3) provides: No later than 5 days from the date of the filing of a notice of expiration of speedy trial time, the court shall hold a hearing on the notice and, unless the court finds that one of the reasons set forth in subdivision (j) exists, shall order that the defendant be brought to trial within 10 days. A defendant not brought to trial within the 10-day period through no fault of the defendant, on motion of the defendant or the court, shall be forever discharged from the crime. Mr. Hall was entitled to discharge only if the State failed to bring him to trial within the ten-day “window of recapture.” See State v. Collier, 659 So.2d 1371, 1372 (Fla. 2d DCA 1995); State v. Howard, 599 So.2d 1043, 1045 (Fla. 2d DCA 1992) (<HOLDING>). In granting Mr. Hall’s motion, the trial
recognizing tort of wrongful discharge holding that where the immediate cause or motivating factor of a discharge is the employees assertion of statutory rights the discharge is discriminatory under section 215a3 whether or not grounds for other discharge exist recognizing cause of action for wrongful discharge holding that the statement in the employers progressive discipline policy that in situations where employee behavior warrants immediate termination the stages of this process do not need to be followed granted the employer unbounded discretion to discharge employees without following the guidelines holding immediate discharge improper without affording window of recapture to state