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STATE EX REL. SHEVIN v. WEINSTEIN

No. 77-1566.

353 So.2d 1251 (1978)

STATE of Florida ex rel. Robert L. SHEVIN, As Attorney General and Richard E. Gerstein, As State Attorney for the Eleventh Judicial Circuit of Florida, Relators, v. Philip T. WEINSTEIN, As Appointed Acting State Attorney, and the Honorable H. Paul Baker, As Judge of the Circuit Court of the Eleventh Judicial Circuit of Florida, Respondents.

District Court of Appeal of Florida, Third District.

January 12, 1978.

Attorney(s) appearing for the Case

Robert L. Shevin, Atty. Gen., and Joel D. Rosenblatt, Asst. Atty. Gen., Richard E. Gerstein, States Atty., and Paul M. Rashkind, Asst. States Atty., for relators.

Cunningham & Weinstein, Miami, for respondents.

Before HAVERFIELD, C.J., and HENDRY and HUBBART, JJ.

HUBBART, Judge.

This is an original petition for a writ of quo warranto and prohibition filed by the Attorney General of Florida and the State Attorney for the Eleventh Judicial Circuit of Florida challenging the authority of the respondent Philip T. Weinstein to represent the State of Florida in an interpleader action before the United States District Court for the Southern District of Florida. Mr. Weinstein bases his authority to represent the State of Florida in...

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