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IN RE PETITION OF EZELL

No. 83-650.

446 So.2d 253 (1984)

In re: the Petition of Frank EZELL for an Order Setting Aside or Modifying Civil Investigative Demand. Frank EZELL, Appellant, v. Jim SMITH, As Attorney General of Florida, Appellee.

District Court of Appeal of Florida, Fifth District.

March 8, 1984.

Attorney(s) appearing for the Case

Robert E. Austin, Jr., Leesburg, Orlando, for appellant; Davis, Litchford, Downing & Christopher, P.A., Orlando, of counsel.

Jim Smith, Atty. Gen., J. Kendrick Tucker, Deputy Atty. Gen., Bill L. Bryant, Jr., Larry H. Evans, Bayard W. Heath, Asst. Attys. Gen., Tallahassee, and James J. Kenny of Kenny, Nachwalter & Seymour, P.A., Miami, for appellee.

ORFINGER, Chief Judge.

The issue presented on this appeal is whether section 542.28, Florida Statutes (1981), authorizing the Attorney General of the State of Florida to issue a civil investigative demand (C.I.D.) in an antitrust investigation, is an unconstitutional infringement on the rule-making powers of the Florida Supreme Court. The trial court held that the statute did not so infringe and was a constitutional exercise of legislative powers. We agree and affirm...

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