THE STATE OF FLORIDA, EX REL., WILLIAM B. LOERY, WILLIAM J. HARE, JR., JOHN E. MURDOCK, ALFRED T. ALLIN AND LEONARD J. SCHMELZ, CO-PARTNERS DOING BUSINESS UNDER THE FIRM NAME AND STYLE OF HARE & CO., RELATORS,
v.
JOHN R. BEACHAM, GEORGE O. BUTLER, E. B. DONNELL, J. L. EARMAN AND VINCENT OAKSMITH, AS AND CONSTITUTING THE CITY COMMISSION OF THE CITY OF WEST PALM BEACH IN PALM BEACH COUNTY, FLORIDA, FRED W. MILLER, AS TAX ASSESSOR OF SAID CITY AND E. C. RUMSEY, AS TAX COLLECTOR OF SAID CITY, RESPONDENTS
AI-generated. These summaries, headnotes, and key points are machine-generated and may contain errors or omissions. Always verify against the full opinion text below. Not legal advice.
This case involves a dispute over the enforcement of duties against the City Commission and Tax Assessor of West Palm Beach. The Florida Supreme Court sustained the respondents' demurrers to an alternative writ of mandamus, allowing relators to amend their writ.
The demurrers to the alternative writ of mandamus are sustained. Relators are granted leave to amend the writ to properly state the duties sought to be enforced, excluding reference to the 1931 amendment to the City's charter.
“it is considered, ordered and adjudged by the Court that the said demurrers be and the same are hereby sustained with leave to the Relators to amend the Alternative Writ with respect to the duties sought to be enforced against the City Commission and the City Tax Assessor of the City of West Palm Beach as prescribed by the statutes of the State and by the City ordinances of the City of West Palm Beach and without reference to and in disregard of the provisions of Chapter 15855, Laws of Florida, Acts of 1931, amending the Charter of the City of West Palm Beach.”
This quote summarizes the court's decision to sustain the demurrers and the conditions for amendment.
Relators sought a writ of mandamus to compel the City Commission and Tax Assessor of West Palm Beach to perform certain duties. The respondents demurr…
The full statement of facts, procedural history, and disposition for this case are member content.
Join FLexlaw to unlock all legal intelligence© FLexlaw, Inc. — AI-generated enrichments are proprietary. All rights reserved.
Explore caselaw by topic → Browse Alternative Writ Of Mandamus cases and more on FLexlaw
This cause coming on to be heard upon demurrers of the Respondents to the Alternative Writ of Mandamus, and the Court having considered such demurrers upon briefs and argument' of counsel for the respective parties, it is considered, ordered and adjudged by the Court that the said demurrers be and the same are hereby sustained with leave to the Relators to amend the Alternative Writ with respect to the duties sought to be enforced against the City Commission and the City Tax Assessor of the City of West Palm Beach as prescribed by the statutes of the State and by the City ordinances of the City of West Palm Beach and without reference to and in disregard of the provisions of Chapter 15855, Laws of Florida, Acts of 1931, amending the Charter of the City of West Palm Beach.
Buford, C.J., and Whitfield, Ellis, Terrell, Brown and Davis, J.J., concur.