STATE v. SIMMONS


92 So.2d 257 (1957)

STATE of Florida on the relation of P.J. COLEMAN, Relator, v. S.E. SIMMONS, A.W. Morrison, W.H. Blackwell, F. Allan Canova, and Dewey H. Johnson, as the Florida Board of Pharmacy, Respondents.

Supreme Court of Florida, en Banc. En Banc.

January 23, 1957.


Attorney(s) appearing for the Case

Robert H. Givens, Jr., Miami, for relator.

Richard W. Ervin, Atty. Gen., and George E. Owen, Asst. Atty. Gen., for respondents.

William S. Walker, Jacksonville, for Florida State Pharmaceutical Ass'n, as amicus curiae.


THORNAL, Justice.

In a prohibition proceeding the relator Coleman moves for the issuance of a rule absolute to prevent the respondent Florida Board of Pharmacy from revoking his pharmacy license notwithstanding the return of the respondent.

The point for determination is whether prohibition is the appropriate proceeding under the circumstances reflected by the record.

It is alleged that relator successfully passed the pharmacy examination in 1953....

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