STATE EX REL. BRANCH v. DuVAL

No. 71-469.

249 So.2d 468 (1971)

STATE of Florida ex rel. Lanell N. BRANCH, As Administratrix of the Estate of Comer W. Branch, Jr., Deceased, Relator, v. Honorable Harvie DuVAL, As Judge of the Eleventh Judicial Circuit in and for Dade County, Florida, Respondent.

District Court of Appeal of Florida, Third District.

June 16, 1971.


Attorney(s) appearing for the Case

Goldstein, Franklin, Chonin & Schrank, North Miami Beach, Horton & Schwartz, Miami, for relator.

Fred A. Jones, Jr., and Richard W. Aschenbrenner, Miami, for respondent.

Before PEARSON, C.J., and CHARLES CARROLL and HENDRY, JJ.


CARROLL, Judge.

This is an original proceeding in mandamus. On consideration of the pleadings, briefs and argument we hold the relator is entitled to judgment in mandamus and to the issuance of a peremptory writ of mandamus.

It is disclosed that Comer W. Branch, Jr., during his lifetime, filed an action for damages for personal injuries in the circuit court of Dade County, acting through Fred A. Jones, Jr. as his attorney, with whom he had entered into a contingent...

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