Judges: BUFORD, J. —
Attorneys: R. B. Moseley, for Relator;
William J. Porter, Respondent, In Proper Person.
Filed: Aug. 02, 1933
Latest Update: Mar. 02, 2020
Summary: Petitioner was informed against in the Criminal Court of Record in and for Duval County, Florida, by Information in which it was charged that "R. E. Crabtree of the County of Duval and State of Florida, on the fourteenth day of February, in the year of our Lord, one thousand, nine hundred and thirty-three in the County and State aforesaid, did then and there unlawfully offer or expose for sale certain gasoline in Duval County, Florida, which test of said gasoline showed an analysis below the sta
Summary: Petitioner was informed against in the Criminal Court of Record in and for Duval County, Florida, by Information in which it was charged that "R. E. Crabtree of the County of Duval and State of Florida, on the fourteenth day of February, in the year of our Lord, one thousand, nine hundred and thirty-three in the County and State aforesaid, did then and there unlawfully offer or expose for sale certain gasoline in Duval County, Florida, which test of said gasoline showed an analysis below the stan..
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It seems to me that writ of prohibition was not the proper remedy, and that the rule nisi should be quashed sua sponte.
The lower court had jurisdiction to rule on all of the questions raised, and if it ruled erroneously, the Relator had an adequate remedy by writ of error. See Eberhardt v. Barker, 140 So. 2d 633; Curtis v. Albritton, 101 Fla. 853, 132 So. 2d 677; Crill v. State Road Dept., 96 Fla. 119, 117 So. 2d 795.
