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YARBROUGH v. PFEIFFER

No. 78-1559.

370 So.2d 1177 (1979)

James Lee YARBROUGH, Petitioner, v. The Honorable Frederick PFEIFFER, Circuit Court Judge, Florida Ninth Judicial Circuit, and the Honorable Chris Bentley, Director, Florida Division of Administrative Hearings, Respondents.

District Court of Appeal of Florida, Fourth District.

February 14, 1979.

Attorney(s) appearing for the Case

James M. Russ and I. Paul Mandelkern, of Law Offices of James M. Russ, Orlando, for petitioner.

Robert Eagan, State's Atty., and John T. Berry and R. Scott Palmer, Asst. State's Attys., Orlando, for respondent Judge Pfeiffer.

Franklyn J. Wollett, Asst. Gen. Counsel, Tallahassee, for real respondent in interest, Gerald A. Lewis, Comptroller, Dept. of Banking and Finance, Div. of Securities.

ANSTEAD, Judge.

The petitioner, James Lee Yarbrough, seeks a writ of prohibition to prevent criminal and administrative prosecutions against him before the respondents on the grounds that he is entitled to statutory immunity from prosecution. The respondents agree that prohibition would be the appropriate procedural remedy in this case but deny that petitioner is entitled to immunity.

Petitioner is a securities broker and has been charged with the sale of...

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