State ex rel. Hanemann v. Wingfield, J--179

Citation202 So.2d 131
Decision Date21 July 1967
Docket NumberNo. J--179,J--179
PartiesSTATE of Florida ex rel. Dudley George HANEMANN, Relator, v. Honorable Robert H. WINGFIELD, Circuit Judge, Seventh Judicial Circuit, in and for Volusia County, Florida, Respondent.
CourtCourt of Appeal of Florida (US)

Robert P. Miller, Asst. Public Defender, for relator.

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 Court 1 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.

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1 cases
  • Hanemann v. State
    • United States
    • Court of Appeal of Florida (US)
    • March 13, 1969
    ...and by the same incident as Lena E. Burns. This contention was before this court by petition for writ of prohibition in State ex rel. Hanemann v. Wingfield, 202 So.2d 131. We held that the petition was not well founded and denied it on authority of State v. Lowe, 130 So.2d 288 (Fla.App.2d 1......

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