ERVIN v. HOLT, 53 So.2d 866 (Fla. 1951)

RICHARD W. ERVIN, AS ATTORNEY GENERAL OF THE STATE OF FLORIDA, PETITIONER, v. GEORGE E. HOLT, AS CIRCUIT JUDGE, RESPONDENT.

Supreme Court of Florida, en Banc.
June 1, 1951. Rehearing Denied July 2, 1951.

A Case of original jurisdiction — prohibition.

Richard W. Ervin, Atty. Gen. and George M. Powell, Asst. Atty. Gen., for petitioner.

Louis M. Jepeway and John G. Dauber, Miami, for respondent.

TERRELL, Justice.

On suggestion of the Attorney General, dated November 13, 1950, this Court issued a rule nisi prohibition directed to the Circuit Court of Dade County, prohibiting it from exercising jurisdiction in that certain cause wherein the State of Florida on relation of Transradio Press Service, Inc. is petitioner and Southern Bell Telephone and Telegraph Company and Richard W. Ervin as Attorney General of the State of Florida are respondents. The rule nisi commanded the respondent to show cause on a day certain why the suggestion should not be granted as prayed.

The cause comes on for consideration on respondent’s (1) Demurrer to the suggestion,

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(2) Motion to dismiss the suggestion, (3) Answer to the suggestion. The record and the briefs have been considered. The case is a companion one to Southern Bell Telephone Telegraph Co. v. State ex rel. Transradio Press Service, Inc., Fla., 53 So.2d 863. The questions raised are concluded by our opinion in the last cited case, so the demurrer and the motion to strike are overruled and the order of October 23, 1950, in so far as it is in conflict with the order of this Court in the last cited case, is quashed.

It is so ordered.

SEBRING, C.J., and CHAPMAN, THOMAS and HOBSON, JJ., concur.

ADAMS, J., dissents.

ROBERTS, J., not participating.