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STATE EX REL. VANCE v. WELLMAN

No. 69-242.

222 So.2d 449 (1969)

STATE ex rel. Sam VANCE, Sidney T. Laurence, and Claude Rigsby, Relators, v. Joseph WELLMAN, Richard W. Allen and Edward T. Tietjen, Respondents.

District Court of Appeal of Florida. Second District.

May 5, 1969.

Attorney(s) appearing for the Case

David Linn, of White, Phipps, Linn, Furnell & Mahorner, Tallahassee, for relators.

No appearance for respondents.

MANN, Judge.

Article V, § 5(3) of our Constitution, F.S.A. provides that a District Court of Appeal may issue the writ of quo warranto sought in this original proceeding. Section 6(3) grants the same jurisdiction to the circuit courts. The philosophy underlying the judiciary article vouchsafes to every litigant two days in court and if the matter were initially heard in the circuit court it would be reviewable here or, in a limited category of circumstances...

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