STATE EX REL. MIAMI HERALD PUB. v. McINTOSH

No. 48264.

340 So.2d 904 (1976)

STATE of Florida ex rel. Miami Herald Publishing Company, Etc., et al., Relators, v. Russell H. McIntosh, Circuit Court Judge, Respondent.

Supreme Court of Florida.

As Modified on Denial of Rehearing January 10, 1977.


Attorney(s) appearing for the Case

Parker D. Thomson, Susan W. Diner and Dan Paul of Paul & Thomson, Miami, for relators.

Joseph P. Metzger, Michael B. Davis and Norman E. Taplin of Walton, Lantaff, Schroeder, Carson & Wahl, West Palm Beach, for respondent.

Harold B. Wahl of Wahl & Gable, Jacksonville, for Fla. Pub. Co., amicus curiae.

William C. Ballard of Baynard, Lang & Ballard, St. Petersburg, for Times Pub. Co., amicus curiae.

Talbot D'Alemberte and Patricia A. Seitz of Steel, Hector & Davis, Miami, for Post-Newsweek Stations, Fla., Inc., amicus curiae.

W.S. Rodgers, Jr., and Ted R. Manry, III, of MacFarlane, Ferguson, Allison & Kelly, Tampa, for The Tribune Co., amicus curiae.

William G. Mateer of Mateer, Harbert, Bechtel & Phalin, Orlando, John W. Fleming and Rex Conrad of Fleming, O'Brian & Fleming, Fort Lauderdale, and Don H. Reuben, Lawrence Gunnels, Samuel Fifer and James A. Klenk of Kirkland & Ellis, Chicago, Ill., for Gore Newspapers Co. and Sentinel Star Co., amicus curiae.

Dan Paul of Paul & Thomson, Miami, for The New York Times Co., amicus curiae.

Daniel Neal Heller of Heller & Kaplan, Miami, for The Miami Daily News, Inc., amicus curiae.

C. Gary Williams of Ausley, McMullen, McGehee, Carothers & Proctor, Tallahassee, for Fla. Society of Newspaper Editors, amicus curiae.


BOYD, Justice.

This cause is before us on petition for certiorari1 to review the decision of the District Court of Appeal, Fourth District, reported at 320 So.2d 861 (Fla.App.4th DCA 1975), which purportedly conflicts with State ex rel. Miami Herald Publishing Co. v. Rose.2

The facts of the case as alleged in the pleadings, and as argued both in the briefs...

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