Reyes v. Kelly

224 So.2d 303 (1969)

Gonzalo R. REYES, Appellant,

v.

Honorable Richard KELLY, As Judge of the Circuit Court of the Sixth Judicial Circuit in and for Pasco County, Florida, Appellee.

No. 37021.

Supreme Court of Florida.

June 11, 1969.

Rehearing Denied July 25, 1969.

George C. Dayton, Dade City, for appellant.

Earl Faircloth, Atty. Gen., and Reeves Bowen, Asst. Atty. Gen., for appellee.

ON REHEARING

DREW, Justice.

This appeal is from a decision of the District Court of Appeal, Second District, in an original prohibition proceeding. It is clear that the decision is one initially construing a controlling…