STATE v. LEATHERMAN

No. 70-736.

237 So.2d 820 (1970)

STATE of Florida, On the Relation of Elton J. Gissendanner, Appellant, v. E.B. LEATHERMAN, As Clerk of the Circuit Court of Dade County, Florida, Appellee.

District Court of Appeal of Florida, Third District.

July 14, 1970.


Attorney(s) appearing for the Case

Kahn & Clein, N. Miami, for appellant.

Thomas C. Britton, County Atty., and Stuart Simon, Asst. County Atty., for appellee.

Paul & Thomson, Miami, amicus curiae.

Allen Clements, Jr., Miami Beach, amicus curiae.

Before PEARSON, C.J., and BARKDULL and HENDRY, JJ.


PER CURIAM.

This is an appeal from a final judgment denying a peremptory writ of mandamus, discharging the alternative writ and dismissing the cause. The petitioner in the trial court, who was the appellant here, suffered the final judgment on July 6, 1970, and filed his notice of appeal to this court on July 7, 1970. Immediately thereafter the appellant and the appellee joined in a motion to advance the cause so that a decision could be rendered by this court prior...

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