SCHMUNK v. STATE EX REL. SANDSTROM

No. 76-2415.

353 So.2d 907 (1977)

Fred S. SCHMUNK, Jr., Municipal Court Judge, and City of Oakland Park, Florida, Appellants, v. STATE of Florida, ex rel. Ray SANDSTROM, Appellee.

District Court of Appeal of Florida, Fourth District.

December 28, 1977.


Attorney(s) appearing for the Case

Lewis D. Haines, II, City Atty. for Oakland Park, Fort Lauderdale, and Edward J. Williams, Asst. City Atty., for appellants.

Ray Sandstrom of Sandstrom & Haddad, Fort Lauderdale, for appellee.


PER CURIAM.

The points on appeal can be consolidated into a single argument that the trial court erred in considering a petition for habeas corpus and in issuing the writ. We agree.

Appellee in this case was fined for careless driving. At no time was he detained by the trial judge or any other governmental authority. For this reason, review by habeas corpus was improper because neither the pre, nor post, judgment proceedings, or directions, detained the appellee...

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