WAYNE G. MARVEL, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE

Fla. 1st DCA | 1967-01-05
No. I-321
RAWLS, C. J., and JOHNSON and SACK, JJ., concur.
193 So. 2d 487 Florida District Court of Appeal, First District (1967) Negative Treatment
Cited by 26 cases

Opinion of the Court
PER CURIAM.

PETITION FOR WRIT OF HABEAS CORPUS

PER CURIAM.

Wayne G. Marvel’s petition for writ of habeas corpus alleges that his constitutional rights were abridged by the committing magistrate’s refusal to appoint counsel for him at the preliminary hearing. Since the writ is not available under the circumstances alleged, the same is denied.

However, we treat this petition as a motion for appointment of counsel, and transfer same to the Circuit Court in Volusia County for its consideration of said motion.

RAWLS, C. J., and JOHNSON and SACK, JJ., concur.


Cases With Similar Vibessemantic neighbors from the corpus


Citator

Cited By (13 total)

  • Price v. Morgan, 436 So. 2d 1116 (Fla. 5th DCA 1983)
    …hile on premises in the fulfillment of their duties as such, are licensees, to whom the property owner has only the duty to refrain from wilful or wanton injury. Fred Howland, Inc. v. Morris, 143 Fla. 189, 196 So. 472 (1940). In Romedy v. Johnston, 193 So. 2d 487 (Fla. 1st DCA 1967), the First District Court of Appeal, while recognizing the language in Fred Howland as dictum, nevertheless agreed that a fireman upon the premises for the purpose of extinguishing a fire is a licensee, and the duty of the owner…
  • Kilpatrick v. Sklar, 548 So. 2d 215 (Fla. 1989)
    …ensees. The theory — and it is a correct one — upon which such holdings are based is that of overwhelming necessity, and no duty rests upon the property owner to protect such licensees from injury. Id. at 199; 196 So. at 476. In Romedy v. Johnston, 193 So. 2d 487 (Fla. 1st DCA 1967), the district court, while recognizing that the above statement in Howland was dicta, determined it was in accordance with the common law and majority view in the country and should be followed. The rule has now been fully implem…
    1 / 2
  • Adair v. THE Island Club, 225 So. 2d 541 (Fla. 2d DCA 1969)
    …that he rid the area of the escaping gas by the removal of the container his duties as a city policeman had been completed and that his legal status was changed from a licensee to a business invitee. He quotes from Romedy v. Johnston, Fla.App.1967, 193 So. 2d 487, where the Court said: “The position taken by appellant [that firemen should be implied invitees] has been considered and passed on by other courts in cases similar to the one now before us for review. This contention has been rejected for the reas…

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