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STATE EX REL. McREED v. TYSON

No. 73-1093.

286 So.2d 215 (1973)

STATE ex rel. Leroy McReed, Relator, v. Robert W. Tyson, Jr., Judge of the Circuit Court in and for Broward County, Florida, Respondent.

District Court of Appeal of Florida, Fourth District.

November 30, 1973.

Attorney(s) appearing for the Case

Warner S. Olds, Public Defender, and William W. Herring, Asst. Public Defender, Ft. Lauderdale, for relator.

Robert L. Shevin, Atty. Gen., Tallahassee, Basil S. Diamond, Asst. Atty. Gen., West Palm Beach, and Phillip S. Shailer, State's Atty., and Robert G. Cowen, Asst. State's Atty., Ft. Lauderdale, for respondent.

PER CURIAM.

Relator filed his petition for writ of mandamus. Thereupon the court issued its rule to show cause. We have now determined, in light of the advices tendered, that the petition is without merit and that the action sought was discretionary, as opposed to ministerial and, further the issue is now moot.

The rule to show cause is hereby discharged and the petition for writ of mandamus denied.

Denied.

OWEN, C.J., and WALDEN and DOWNEY...

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