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STATE EX REL. BOOTH v. BYINGTON

No. F-454.

168 So.2d 164 (1964)

STATE of Florida ex rel. Charles E. Booth, as Executor under the Last Will and Testament of Florence I. Herlan, Petitioner, v. Honorable John S. BYINGTON, as County Judge in and for Volusia County, Florida, Respondent.

District Court of Appeal of Florida. First District.

Rehearing Denied November 10, 1964.

Attorney(s) appearing for the Case

Douglass & Steinmeyer, Tallahassee, for petitioner.

Walter Shelley and Paul Raymond, Daytona Beach, for respondent.

STURGIS, Chief Judge

On the relation and petition of Charles E. Booth, as executor of the last will and testament of Florence I. Herlan, deceased, administration whereon is pending in the County Judge's Court in and for Volusia County, Florida, we issued a rule nisi to the Honorable John S. Byington, as judge of said court, requiring him to show cause why a peremptory writ of prohibition should not issue upon the suggestion of relator: (1) that certain orders entered...

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