FINCH v. FITZPATRICK

No. 41096.

254 So.2d 203 (1971)

Leonard FINCH, Petitioner, v. Hon. W.L. FITZPATRICK, As Judge of the Circuit Court of the Fourteenth Judicial Circuit, in and for Washington County, Florida, Respondent.

Supreme Court of Florida.

Rehearing Denied November 29, 1971.


Attorney(s) appearing for the Case

J. Ben Watkins, of Truett & Watkins, Tallahassee, for petitioner.

Robert L. Shevin, Atty. Gen., Wallace E. Allbritton, Asst. Atty. Gen. T. Edward Austin, State's Atty., and Charles P. Pillans, III, Asst. State's Atty., for respondent.


ADKINS, Justice.

This is an original proceeding in prohibition or, in the alternative, quo warranto proceedings, attacking the authority of an assigned state attorney. A rule nisi was issued and a return has been filed.

T. Edward Austin, State Attorney for the Fourth Judicial Circuit, was assigned by then Governor Kirk on November 16, 1970, to act as State Attorney of the Fourteenth Judicial Circuit. This assignment was under Fla. Stat. § 27.14, F.S.A...

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