STATE OF FLORIDA EX REL. T. DAVID BURNS, RELATOR,
v.
HONORABLE ROY H. AMIDON, AS ONE OF THE JUDGES OF THE CRIMINAL COURT OF RECORD OF POLK COUNTY, FLORIDA AND HONORABLE GORDON MACCALLA, AS COUNTY SOLICITOR OF POLK COUNTY, FLORIDA, RESPONDENTS
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The court held that the suggestion for a writ of prohibition failed to satisfy the jurisdictional requirements for the Florida Supreme Court.
Relator sought a writ of prohibition to prevent his trial on charges of extortion and inciting perjury. The case was filed with the Florida Supreme Co…
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This is an original prohibition proceeding filed under Fla.Const. Article V, § 4(2), F.S.A., by the relator who seeks to prohibit his trial in the Criminal Court of Record of Polk County on charges filed against him under an information containing two counts of extortion under Fla.Stat. § 836.05, F.S.A., and one count of inciting to commit perjury, under Fla.Stat. § 837.-04, F.S.A.
The suggestion fails to satisfy the jurisdictional requirement of this Court as prescribed by Fla.Const. Article V, § 4(2), and it should have been originally filed with the Second District Court of Appeal.
Pursuant to our views expressed in State ex rel. Soodhalter v. Baker, Fla., 248 So.2d 468, opinion filed May 14, 1971, this suggestion for a writ of prohibition be and is hereby transferred to the Second District Court of Appeal for inquiry into this matter and for the granting of such relief as that court shall deem appropriate.
It is so ordered.
ROBERTS, C. J., and ERVIN, CARLTON, ADKINS, BOYD, McCAIN and DEKLE, JJ., concur.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
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State ex rel. Ronald Kovnot v. Ferguson, 313 So. 2d 710 (Fla. 1975)…. 306 So. 2d 226 (3d Dist.Ct.App.Fla.1975). . See Fla.Const. art. V, §§ 3(b)(4) and 4(b) (3). Of., State ex rel. Soodhalter v. Baker, 248 So. 2d 468 (Fla.1971) (construing the predecessor constitutional provision) ; State ex rel. Burns v. Amidon, 249 So. 2d 22 (Fla.1971). . “[N]o cause shall be dismissed because an improper remedy has been sought.” Fla. Const., art. Y, § 2(a). . Fla.App. Rule 4.5(c).…
Authorities Cited
- State v. The Honorable Paul Baker, 248 So. 2d 468 (Fla. 1971)