Opinion
No. 31561.
June 13, 1962. Rehearing Denied July 23, 1962.
Appeal from the Circuit Court, Leon County, Hugh M. Taylor, J.
D. Fred McMullen, of Ausley, Ausley, McMullen, O'Bryan, Michaels McGehee, Tallahassee, for petitioner.
Earl B. Hadlow, of Botts, Mahoney, Whitehead, Ramsaur Hadlow, Jacksonville, for Standard Oil Co.
Richard W. Ervin, Atty. Gen., and Wilson W. Wright, Asst. Atty. Gen., for Secretary of State.
Petitioner seeks to invoke the jurisdiction of this Court under Section 4(2) of Article V of the Florida Constitution, F.S.A., providing that "the supreme court may review by certiorari any decision of a district court of appeal that affects a class of constitutional or state officers * * *".
The Court has heard argument of respective counsel on the question of whether this Court has jurisdiction and has concluded that, under the particular facts of this case, no jurisdiction is vested in this Court to entertain these proceedings.
Certiorari denied.
THOMAS, DREW, THORNAL and O'CONNELL, JJ., concur.
CALDWELL, J., concurs specially.
ROBERTS, C.J., and TERRELL, J., dissent.
Under the facts here present the petition is denied.
I dissent for reasons stated in my dissent in Larson et al. v. Harrison et al., Fla., 142 So.2d 727.