THE STATE OF FLORIDA ON THE RELATION OF THE BORDEN COMPANY, A NEW JERSEY CORPORATION, DOING BUSINESS AS BORDEN'S DAIRY, RELATOR,
v.
E. ROBERT LANGLEY, A. J. RUSTERHOLZ, Q. I. ROBERTS AND R. D. SAUNDERS, AS AND CONSTITUTING THE FLORIDA MILK COMMISSION, AN AGENCY OF THE STATE OF FLORIDA, RESPONDENTS
Revised Opinion
This cause is here on the suggestion of the State of Florida, the Borden Company, a New Jersey corporation, relator, for a writ of prohibition to the Florida Milk Commission.
Because the petition and response filed herein pose a controversy which more appropriately should be adjudicated by a District Court of Appeal, we decline to assume jurisdiction.
The relator has invoked original as distinguished from our appellate jurisdiction and, consequently, we cannot transfer the cause.
The suggestion for prohibition is denied but without prejudice to the relator to proceed as it may be advised in the appropriate District Court of Appeal.
THORNAL, C. J., and THOMAS, ROBERTS, CALDWELL and ERVIN, JJ., concur.
Cases With Similar Vibessemantic neighbors from the corpus
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State v. Wooden, 246 So. 2d 755 (Fla. 1971)…for habeas corpus directed to the appropriate District Court may now be raised in the trial court which entered judgment and sentence; if an evi-dentiary hearing is necessary, it is a simple matter for a trial judge to provide one. Johnson v. State, 184 So. 2d 161 (Fla.1966), rehearing 185 So. 2d 466 (1966). In view of the acknowledged purpose of Rule 1.850 to facilitate factual determinations, it will be supposed that therein lies the distinction between proceedings under the Rule and petitions for habeas c…
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State v. The Honorable Paul Baker, 248 So. 2d 468 (Fla. 1971)…nsideration. We see no reason, however, why the relator should not proceed ab initio in the proper district court of appeal.” (Emphasis added) See also Jaworski v„ City of Opa-Locka, 149 So. 2d 33 (Fla.1963) and State ex rel. Borden Co. v. Langley, 184 So. 2d 161 (Fla.1966). However, in light of our policy statement in Baggett v. Wainwright, 229 So. 2d 239 (Fla.1970), wherein we indicated that we would in the future transfer writs of habeas corpus initially filed with us as an appellate court having origina…
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Johnson v. State, 185 So. 2d 466 (Fla. 1966)…O’CONNELL, Justice. By letter which we treat as a petition for rehearing, the petitioner, Richard M. Johnson, calls our attention to the fact that our Revised Opinion, 184 So. 2d 161, filed in this cause on March 16, 1966 does not grant all the relief prayed for in his petition for habeas corpus. In our Revised Opinion we dealt only with petitioner’s right to seek relief from ten of the eleven judgments and sentences laid upon…
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