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KIRK v. BAKER

No. 88374.

224 So.2d 311 (1969)

Claude R. KIRK, Jr., Governor of the State of Florida, Petitioner, v. Paul BAKER, Judge of the Criminal Court of Record of Dade County, and James Lawrence King, Judge of the Circuit Court of the Eleventh Judicial Circuit in and for Dade County, Florida, Respondents.

Supreme Court of Florida.

As Amended on Denial of Rehearing April 15, 1969.

Attorney(s) appearing for the Case

Gerald Mager, Tallahassee, for petitioner.

Carr & Warren, Miami, for Paul Baker.

Marion E. Sibley, Miami Beach, for James Lawrence King.

Eugene P. Spellman, Miami, for Richard E. Gerstein, State Attorney, intervenor.

PER CURIAM:

We consider an original proceeding in which Governor Kirk seeks a writ of mandamus or a writ of prohibition or "such other relief as may be available" against the respondents.

We are confronted by problems related to our own jurisdiction, as well as a contest between executive and judicial authority in the circumstances which we relate.

Out of the welter of confusion generated by charges and counter-charges, often unsupported by any record...

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