TREIMAN v. MALMQUIST

Nos. 50692, 50731, 50854 and 50855.

342 So.2d 972 (1977)

Monroe W. TREIMAN, Appellant, v. Edwin W. MALMQUIST et al., Appellees. Bruce A. SMATHERS et al., Appellants, v. Monroe W. TREIMAN, Appellee. STATE of Florida ex rel. Edwin W. MALMQUIST, Petitioner, v. Monroe W. TREIMAN, Respondent. STATE of Florida ex rel. Monroe W. TREIMAN et al., Relators, v. Honorable L.R. HUFFSTETLER, Jr., Etc., Respondent.

Supreme Court of Florida.

February 17, 1977.


Attorney(s) appearing for the Case

Joseph C. Jacobs and Robert J. Angerer, of Ervin, Varn, Jacobs, Odom & Kitchen, Tallahassee, for Monroe W. Treiman.

Frank McClung, Brooksville, Robert L. Shevin, Atty. Gen., and Joseph W. Lawrence, II and Mary Jo Carpenter, Asst. Attys. Gen., for Edwin W. Malmquist and Bruce A. Smathers, appellees-appellants.

Frank McClung, Brooksville, for State of Florida ex rel. Edwin W. Malmquist, Petitioner.

Joseph C. Jacobs and Robert J. Angerer, of Ervin, Varn, Jacobs, Odom & Kitchen, Tallahassee, Robert L. Shevin, Atty. Gen., and Joseph W. Lawrence, II and Mary Jo Carpenter, Asst. Attys. Gen., for State of Florida ex rel. Monroe W. Treiman, relators.

L.R. Huffstetler, Jr., in pro. per.


BOYD and KARL, Justices.

This cause comes before us on consolidated appeals from the order of the Circuit Court of the Second Judicial Circuit finding Section 105.031(4)(a), Florida Statutes, unconstitutional, original petition for writ of prohibition brought by Treiman, Bruce Smathers as Secretary of State, and the Elections Canvassing Commission, and an original petition for quo warranto filed by Malmquist. We have jurisdiction...

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