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Ngày: Chủ nhật, 24-03-2013, 12:24 | Message # 1 |
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In response to the rule nisi in prohibition there was filed on behalf of the respondent a motion to dismiss. The motion did not challenge the sufficiency of the suggestion to make a prima facie case, or the propriety of the remedy of prohibition here invoked. The motion to dismiss presented only a contention that the state attorney was without standing to apply for prohibition. Inasmuch as the state attorney was named in and affected in his official capacity by the terms of the order, we denied the motion, by a separate order. See Frederick v. Rowe, 105 Fla. 193, 140 So. 915; Cherry v. Heffernan, 132 Fla. 386, 182 So. 427, 428. No answer or return to the rule nisi was filed by the respondent. For that reason alone, the order of this court making the rule nisi absolute and granting the writ of prohibition was proper, based on our determination that the suggestion stated a prima facie case. Cobb v. State ex rel. Pitchford, 148 Fla. 149, 3 So.2d 855; State ex rel. Ginsberg v. Wiseheart, Fla.App.1960, 120 So.2d 810; State ex rel. Gillham v. Phillips, Fla.App.1966, 193 So.2d 26, 27; State ex rel. Oldham v. Baker, Fla.App.1969, 226 So.2d 21, 22. However, the respondent filed a brief, and the matter was considered on the merits, on the briefs with the benefit of oral argument, whereupon we entered judgment in prohibition as indicated above. 719 <a href="http://lorenbonner.com/8664/tennis-elbow-symptoms/best-what-is-the-best-exercise-for-tennis-elbow">Best What Is The Best Exercise For Tennis Elbow</a> Elbow Support For Tennis Elbow At Home 970
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