LOUIS B. HARPER, PETITIONER,
v.
STATE OF FLORIDA, RESPONDENT
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The petition seeks review of an adverse decision of a District Court of Appeal, 169 So.2d 512, by a document which he has styled a “petition for a writ of certiorari”.
The document has been filed too late to convey certiorari jurisdiction to this Court. However, excuse for the delay brings this case well within the rule of State ex rel. Ervin v. Smith, et al., Fla., 160 So.2d 518, so the Court will consider the instant petition as an application for habeas corpus.
The application has been carefully examined, Foxworth v. Wainwright, Fla., 167 So.2d 868, and finding it to be without merit, the writ of habeas corpus is denied.
It is so ordered.
DREW, C. J., and THORNAL, O’CON-NELL, CALDWELL and ERVIN, JJ., concur.
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State v. The Honorable Paul Baker, 248 So. 2d 468 (Fla. 1971)…ge had in fact held the statute unconstitutional in this case (e. g., State v. Bruno, Fla., 104 So. 2d 588). Or perhaps we could have treated the suggestion for writ of prohibition as a petition for writ of habeas corpus (e.g..Harper v. State, Fla., 172 So. 2d 454) and ascertained through a return whether the trial judge’s denial of discharge was based upon his view that section 915.01 is unconstitutional. Incidentally, I make note that the fact the Relator happens not to be “in custody” under the charge from…
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Dorsey v. State, 324 So. 2d 159 (Fla. 1st DCA 1975)…e sole corporate stockholder and operator of a corporate business is, as against burglars, the owner of the building used only for corporate business. See Johnson v. State, 293 So. 2d 71 (Fla.1974); Harper v. State, 169 So. 2d 512 (Fla.App.2d 1964), 172 So. 2d 454 (Fla.1965). Affirmed. BOYER, C. J., and MILLS, J., concur.…
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State of Fla. ex rel. v. Honorable John T. Wigginton, 221 So. 2d 409 (Fla. 1969)…Aviation Authority v. Walden (Fla.), 210 So. 2d 193 (appeals treated as certiorari); Diamond Berk Ins. Agency, Inc. v. Goldstein, Inc. (Fla.), 100 So. 2d 420 (certiorari denied without prejudice to apply for prohibition), and Harper v. State (Fla.), 172 So. 2d 454 (certiorari treated as habeas corpus), as examples where we have exercised our authority to treat a misconceived review application in a category invoking our jurisdiction. See also, F.S. Section 59.45, F.S.A., pursuant to which the District Courts…
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- State of Fla. ex rel. Richard W. Ervin v. Smith, 160 So. 2d 518 (Fla. 1964)
- Foxworth v. Wainwright, 167 So. 2d 868 (Fla. 1964)
- Harper v. State, 169 So. 2d 512 (Fla. 2d DCA 1964)