MURRAY GOODMAN, AS JUDGE, CRIMINAL COURT OF RECORD, DADE COUNTY, FLORIDA, PETITIONER,
v.
THE STATE OF FLORIDA EX REL., FLORENCE LEASURE BUONO, RESPONDENT

Fla. | 1971-01-20
No. 39686
ERVIN, Acting C. J., CARLTON and BOYD, JJ., DREW (Retired), J., and LEAVENGOOD, Circuit Judge, concur.
243 So. 2d 594 Florida Supreme Court (1971) Positive Treatment
Cited by 2 cases


Opinion of the Court
PER CURIAM.

PER CURIAM.

By petition for a writ of certiorari, we have for review a decision of the District Court of Appeal, Third District, State ex rel. Buono v. Goodman, 233 So.2d 185 (3rd D.C.A. Fla.1970), which allegedly conflicts with the decision rendered by this Court in Kelly v. State, 54 So.2d 431 (Fla.1951), and by the District Court of Appeal, Fourth District, in Gossett v. Hanlon, 195 So.2d 865 (4th D.C.A. Fla.1967).

We have heard arguments on both jurisdiction and merits. On further consideration of the record and the briefs, we find the alleged conflict is dispelled. The writ being improvidently issued, it must now be discharged.

It is so ordered.

ERVIN, Acting C. J., CARLTON and BOYD, JJ., DREW (Retired), J., and LEAVENGOOD, Circuit Judge, concur.


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Cited By

  • State v. The Honorable Paul Baker, 248 So. 2d 468 (Fla. 1971)
    …tion makes a prima facie showing, the Relator should be discharged under authority of State ex rel. Leon v. Baker, Fla., 238 So. 2d 281, and State ex rel. Buono v. Goodman, Fla.App., 233 So. 2d 185, cert, denied Goodman v. State ex rel. Buono, Fla., 243 So. 2d 594, unless the State is able in subsequent proceedings below to demonstrate some rational reason to the contrary. Incidentally, the denial of prohibition in State ex rel. Soodhalter v. Baker, Fla.App., 242 So. 2d 814, by the District Court would not ap…

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