McGIBENY v. SMITH

No. 88-556.

524 So.2d 713 (1988)

Michael Douglas McGIBENY, Petitioner, v. Hon. C. McFerrin SMITH, III, Circuit Judge, Seventh Judicial Circuit, Volusia County, Florida, Respondent.

District Court of Appeal of Florida, Fifth District.

May 5, 1988.


Attorney(s) appearing for the Case

Gordon H. Savage, Jr., Leesburg, for petitioner.

Robert A. Butterworth, Atty. Gen., and Arden M. Siegendorf, Asst. Atty. Gen., Tallahassee, for respondent.


DAUKSCH, Judge.

This matter is before the court upon a petition for writ of prohibition.

The allegations of the petition are the same as those which this court found substantially sufficient, but procedurally deficient, in McGibeny v. Smith, 511 So.2d 1083 (Fla. 5th DCA 1987).

The allegations of the petition before this court are legally sufficient, as were those...

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