
    The STATE of Florida upon the Relation of Roger H. HARPER, Petitioner, v. Russell B. CLARKE, Respondent.
    No. 36858.
    Supreme Court of Florida.
    Dec. 19, 1967.
    S. Robert Zimmerman, Pompano Beach, for petitioner.
    Earl Faircloth, Atty. Gen., T. T. Turnbull and Stephen Marc Slepin, Asst. Attys. Gen., for respondent.
   PER CURIAM.

Rule Nisi in Quo Warranto having heretofore issued in this cause, and argument having been heard, and the matter having now been considered on the record, briefs and argument, and it appearing to the court that the petition is without merit, the Rule Nisi heretofore issued is discharged and the cause dismissed, under the authority of State ex rel. Hardie v. Coleman, 1934, 115 Fla. 119, 155 So. 129, 92 A.L.R. 988.

It is so ordered.

CALDWELL, C. J., ROBERTS, THOR-NAL, ERVIN and ADAMS, JJ., and TAYLOR, Circuit Judge, concur.

DREW, J., dissents with opinion.

DREW, Judge

(dissenting) :

The order of suspension is, in my opinion, insufficient as a matter of law. State ex rel. Hatton v. Joughin, 103 Fla. 877, 138 So. 392. Under these circumstances Relator is entitled to an order reinvesting him with legal title to the office. State ex rel. Hardee v. Allen, 126 Fla. 878, 172 So. 222; State ex rel. Hardie v. Coleman, 115 Fla. 119, 155 So. 129, 92 A.L.R. 988.

I therefore dissent.  