STATE EX REL. SHEVIN v. KERWIN

No. 42947.

279 So.2d 836 (1973)

STATE of Florida ex rel. Robert L. SHEVIN, Attorney General, Appellant, v. Robert KERWIN, City of Safety Harbor Building Official, Appellee.

Supreme Court of Florida.

June 27, 1973.


Attorney(s) appearing for the Case

Robert L. Shevin, Atty. Gen., and Jerry E. Oxner, Asst. Atty. Gen., for appellant.

William P. O'Malley, Clearwater, for appellee.


ADKINS, Justice.

This cause is before us upon motion of appellee to dismiss the appeal, on the ground that appellant, as Attorney General of the State of Florida, is not empowerd to prosecute an appeal where he was not a party to the action in the trial court. The motion must be, and is, denied.

The Attorney General was granted leave to intervene in the cause by the trial court solely for purposes of appeal after the trial judge had declared the last sentence...

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