State ex rel. Hanemann v. Wingfield

Florida District Courts of Appeal July 21, 1967

State ex rel. Hanemann v. Wingfield, 202 So. 2d 131 (1967)

1967 Fla. App. LEXIS 4263

Johnson, Spector, Wigginton

Opinion of the Court

PER CURIAM.

The Suggestion for Writ of Prohibition was filed in this court on July 19, 1967, praying for a writ and stay order to stop a trial to be had in Volusia County on July 24, 1967. The State Attorney for Volusia County has not had time to nor has he filed any response to the Suggestion for the writ, and we do not think it necessary, for a study of the filed Suggestion and the decisions of the Florida Supreme Court1 and the Second District Court of Appeal, reveals that the Suggestion for the writ is not well founded in law. We think, and so hold, that the decision rendered by the Second District Court of Appeal in State of Florida v. Lowe, 130 So.2d 288, is controlling in the instant case and the Suggestion for the Writ of Prohibition is hereby denied.

WIGGINTON, C. J., and JOHNSON and SPECTOR, JJ., concur.

. State v. Bacom, 159 Fla. 54, 30 So.2d 744, 172 A.L.R. 1050 (1947).

Reference

Full Case Name: STATE of Florida ex rel. Dudley George HANEMANN, Relator v. Honorable Robert H. WINGFIELD, Circuit Judge, Seventh Judicial Circuit, in and for Volusia County, Florida
Cited By: 1 case
Status: Published