FORT LAUDERDALE (CBSMiami/AP) — Florida prosecutors have appealed a judge’s ruling throwing out video evidence that allegedly shows New England Patriots owner Robert Kraft paying for sex at a Jupiter massage parlor.

The state attorney general’s office filed the appeal late Tuesday, just before a deadline that would have seen the misdemeanor charge likely dropped.

Prosecutors told the Florida appeals court that a county judge made several errors in throwing out the video recording.

(Source: Joe Raedle/Getty Images)

They said the warrant allowing hidden cameras at the Orchids of Asia day spa was legal, and even if it wasn’t, the judge went too far in suppressing the video.

The 78-year-old billionaire NFL owner was charged in February with two misdemeanor counts of soliciting prostitution after being accused of paying for sex. He has pleaded not guilty.

(© Copyright 2019 CBS Broadcasting Inc. All Rights Reserved. The Associated Press contributed to this report.)