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STATE OF FLORIDA EX REL. MIAMI HERALD PUBLISHING COMPANY, ETC., ET AL., RELATORS, v. THE HONORABLE EMERY J. NEWELL, CIRCUIT COURT JUDGE, RESPONDENT.

The constitutional questions involved herein have been disposed of by State ex rel. Miami Herald Publishing Co. v. McIntosh, Fla., 340 So.2d 904 (opinion filed July 30, 1976). However, since the trial is over and the trial court's order is no longer of any force and effect, we find it unnecessary to enter the writ of prohibition.

It is so ordered.

ON REHEARING GRANTED

Relators' petition for rehearing is granted and the Clerk is hereby directed to issue the writ absolute directing Judge Newell to vacate his order.

WRIT OF PROHIBITION ABSOLUTE

WHEREAS, the Supreme Court of the State of Florida has directed that the Rule Absolute in Prohibition issue, this is, therefore, to command you, the said Honorable Emery J. Newell, Circuit Court Judge, to vacate your order dated December 16, 1975, in the case of State of Florida vs. John E. Timmons, et al., Case No. 75-1752 CF, and to notify this Court within ten (10) days of your compliance with this Writ.

WITNESS the Honorable Ben F. Overton, Chief Justice of the Supreme Court of Florida, and the Seal of said Court at Tallahassee, the Capital, on this the 23rd day of November, 1976.

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STATE, MIAMI HERALD PUBLISHING COMPANY v. NEWELL
(Dec 6, 1976)