JAMES EDWARD HARS, PETITIONER,
v.
STATE ATTORNEY FOR THE SEVENTH JUDICIAL CIRCUIT OF FLORIDA, RESPONDENT

Fla. | 1970-03-18
No. 39326
ERVIN, C. J., and ROBERTS, DREW, CARLTON and BOYD, JJ., concur.
233 So. 2d 129 Florida Supreme Court (1970) Caution
Cited by 7 cases


Opinion of the Court
PER CURIAM.

PER CURIAM.

Petitioner is presently confined in the Federal Penitentiary at Atlanta, Georgia, serving a five year sentence which expires on March 1, 1973. On November 26, 1968, petitioner was notified that a detainer warrant had been lodged against him based on a charge of breaking and entering and trespass in Putnam County, Florida. Thereafter, on August 11, 1969, he wrote a letter to respondent requesting him to initiate proceedings to have petitioner tried in Florida on the Florida charges. This request was not acknowledged.

This Court issued an alternative writ of mandamus and return has been made by the respondent stating that the Sheriff’s Office has been directed to withdraw the detainer in question for the reason that the State does not intend to further prosecute on the charge represented by the supporting capias. A copy of the letter to the Sheriff’s Office has been filed with this Court.

Accordingly, peremptory writ of mandamus should not issue and alternative writ of mandamus should be and is hereby discharged.

It is so ordered.

ERVIN, C. J., and ROBERTS, DREW, CARLTON and BOYD, JJ., concur.


Cases With Similar Vibessemantic neighbors from the corpus


Citator

Cited By

  • …ice of his intention to claim a lien. Such a notice may be served subsequent to the time prescribed by the statute, but in that event the lien is limited to undisbursed funds then due and owing the contractor. Trowbridge, Inc. v. Hathaway, Fla.1970, 233 So. 2d 129; Crane Co. v. Fine, Fla. 1969, 221 So. 2d 145. In the trial court, Nunamaker attacked this problem by showing that one of the three Trustees (James A. Knowles, now deceased) was also the president of Knowles and had signed the Nunamaker subcontract…
  • W. W. GAY Mech. Contractors, Inc. v. Case, 275 So. 2d 570 (Fla. 1st DCA 1973)
    …es performed. We decline to establish a fictitious fund as urged by Gay. The judgment appealed is affirmed. JOHNSON, J., and NESBITT, Associate Judge, concur. . F.S. 713.13, F.S.A. . F.S. 713.06(3) (d)(5), F.S.A. . Trowbridge, Inc. v. Hathaway, 233 So. 2d 129 (Fla.1970).…
  • Walter (Bud) Hill v. Herr, 252 So. 2d 597 (Fla. 3d DCA 1971)
    …PER CURIAM. Affirmed. See: Trowbridge, Inc. v. Hathaway, Fla.1970, 233 So. 2d 129.…

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