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STATE EX REL. GERSTEIN v. SCHWARTZ

No. 51780.

357 So.2d 167 (1978)

STATE of Florida ex rel. Richard E. Gerstein, Etc., Relator, v. Alan R. SCHWARTZ, etc., Respondent.

Supreme Court of Florida.

Rehearing Denied April 25, 1978.

Attorney(s) appearing for the Case

Richard E. Gerstein, States Atty., and Paul M. Rashkind, Asst. States Atty., Miami, for relator.

Eugene P. Spellman and Denis Dean of Law Offices of Eugene P. Spellman, Miami, for respondent.

PER CURIAM.

Relator, Richard E. Gerstein, State Attorney of the Eleventh Judicial Circuit, has petitioned this Court for a writ of mandamus to compel the Honorable Alan R. Schwartz, Circuit Judge of the Eleventh Judicial Circuit, to perform his legal duty under Section 921.241(1),1 Florida Statutes. An alternative writ was issued, Judge Schwartz responded, the briefs of the parties were filed and the cause is ready for final disposition...

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