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NELSON v. STATE EX REL. LEWIS

Nos. 83-203, 83-204.

441 So.2d 659 (1983)

Barry D. NELSON, Appellant, v. STATE of Florida, ex rel. Gerald A. LEWIS, As Comptroller and Head of the Department of Banking and Finance, et al., Appellees. FRANKLIN CAPITAL CORP. and Harold Seligman, Appellants, v. STATE of Florida, ex rel. Gerald A. Lewis, As Comptroller and Head of the Department of Banking and Finance, et al., Appellees.

District Court of Appeal of Florida, Fourth District.

As Corrected on Denial of Rehearing December 12, 1983.

Attorney(s) appearing for the Case

Philip J. Snyderburn, Orlando, for appellant Nelson.

Allan M. Lerner of Lerner & Harris, P.A., Fort Lauderdale, for appellants Franklin and Seligman.

Charles L. Stutts, Asst. Gen. Counsel, Office of the Comptroller, Tallahassee, for appellee State of Fla., ex rel. Gerald Lewis as Comptroller and Head of the Dept. of Banking and Finance.

PER CURIAM.

AFFIRMED.

LETTS and GLICKSTEIN, JJ., concur.

ANSTEAD, C.J., concurs specially with opinion.

ANSTEAD, Judge, concurring specially:

Appellants, three of twenty-one defendants accused of violations of the Florida Securities Act and the Mortgage Brokerage Act, challenge the state's authority to prosecute them under the securities statute.

The purpose of the present Florida Securities Act, as with its predecessors, is...

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