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The Honorable W. F. Blanton, as County Judge of Dade County, Florida, and Judge of the County Judge’s Court, Dade County, Florida, Vernon C. Seaver and George Border, Plaintiffs in Error, vs. the State of Florida, Ex Rel. Biscayne Beach Theatre, Inc., a Florida Corporation, Defendant in Error
Opinions in this case
- Majority — Per curiam
- Concurrence — Davis
Per Curiam.
This case is before us on writ of erro'r to a judgment in prohibition entered by the Circuit Court of Dade County prohibiting W. F. Blanton as County Judge from proceeding in the trial and disposition of an action in unlawful detainer pending in the County Judge’s Court wherein certain pleas had been filed, which pleas raised the question of title to the lands involved in that suit and asserted certain equities on behalf of the defendant therein.
The judgment of the Circuit Court should be affirmed on authority of the opinions and judgments in the cases of South Florida Amusement etc. Co. v. Blanton, 95 Fla. 885, 116 Sou. 869; Hewitt vs. State ex rel., 101 Fla. 807, 135 Sou. 130; and State ex rel. vs. Hutchins, 101 *273 Fla. 773, 135 Sou. 298 and cases cited in those opinions and it is so ordered.
Affirmed.
Buford, C.J., and Whitfield, Terrell and Brown, J.J., concur.
Davis, J., concurs specially.
Ellis, J., dissents.