KLEIN v. SMITH

No. 78-1107.

366 So.2d 1206 (1979)

Honorable Gerald KLEIN, As Judge of the County Court of Dade County, Florida, Appellant, v. Al SMITH, Hy Eval and Myron Wisotsky, Appellees.

District Court of Appeal of Florida, Third District.

Rehearing Denied February 23, 1979.


Attorney(s) appearing for the Case

Janet Reno, State Atty. and Arthur Joel Berger, Asst. State Atty., for appellant.

Halpern & Shenberg and Barry L. Halpern, John Lipinski, Harry W. Prebish, Miami, for appellees.

Before HENDRY, BARKDULL and KEHOE, JJ.


HENDRY, Judge.

Appellant seeks review of the circuit court appellate division's order granting a writ of prohibition absolute commanding that the county court be restrained from proceeding further with regard to prosecution on six misdemeanor charges against appellees/relators. We hold that reversal is in order, as prohibition does not lie.

In determining whether the lower court correctly found that appellees were entitled to discharge for violation of their...

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