Kirk v. Baker

DREW, Justice.

We accept jurisdiction of this original proceeding in prohibition pursuant to the provision of the Florida Constitution which authorizes this Court to issue such writs “when questions are involved upon which a direct appeal to the supreme court is allowed as a matter of right.” 1 The case requires that we construe controlling provisions of the Florida Constitution. Hence, an appeal would come here from any final judgment that might be entered by the trial court.

The Respondent Judge has by formal order required the Governor and Gerald Mager, his subordinate and agent, to appear…