Florida District Courts of Appeal, 1958

State ex rel. Greb v. Kelly

State ex rel. Greb v. Kelly
Florida District Courts of Appeal · Decided June 30, 1958 · Carroll, Chas, Horton, Pearson
104 So. 2d 42; 1958 Fla. App. LEXIS 2921 (Southern Reporter, Second Series)

State ex rel. Greb v. Kelly

070rehearing

On Petition for Rehearing and Clarification.

PER CURIAM.

The appellant has requested clarification of the opinion filed herein as to whether the question of the validity of Sections 55.26 and 55.27, Fla.Stat., F.S.A. was initially passed upon in this decision. The validity of the sections of the Florida Statutes was not involved. The appellant was adjudged guilty of contempt for disobedience of a lawful order issued by a court with jurisdiction of the subject matter and parties litigant. In addition the appeal was from the final judgment, quashing the writ of habeas corpus and granting relator permission to appeal. The petition for writ of habeas corpus did not raise the question of the constitutionality of the sections set forth and the sections are not patently in conflict with organic law. Therefore the question was not properly raised upon appeal.

The petition for rehearing is denied.

CARROLL, CHAS., C. J., and HORTON and PEARSON, JJ., concur.

Opinion of the Court

PER CURIAM.

Affirmed upon authority of the rule in State ex rel. Everette v. Petteway, 131 Fla. 516, 179 So. 666, 671.

CARROLL, CHAS., C. J., and HORTON and PEARSON, JJ., concur.

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