DANIEL J. GALVIN, CHARLES B. WARE, JAMES D. POLLARD, BARRY W. BRANCH AND WALTER O. HOBBS, COUNTY COMMISSIONERS OR HILLSBOROUGH COUNTY, PLAINTIFFS IN ERROR,
v.
B. H. DAVIDSON, DEFENDANT IN ERROR
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The Florida Supreme Court dismissed a case where county commissioners appealed a lower court's order compelling them to issue a liquor license permit. The court found the appeal moot because the license period had expired.
The appeal is moot and must be dismissed because the time during which the permit would have been legally operative has expired.
“Upon reaching the case in its order on the docket the court finds that the time has expired during which the permit sought to be coerced by the writ would have been legally operative, and, consequently, that a decision at this time of the questions presented by the pleadings, either for or against either of the parties, would be entirely barren of any results.”
This quote explains the court's reasoning for deeming the appeal moot.
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Join FLexlaw to unlock all legal intelligenceB.H. Davidson obtained a writ of mandamus from the Circuit Court of Hillsborough County, ordering county commissioners to issue him a permit to sell l…
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Taylor, C. J.
The defendant in error, B.
H. Davidson, obtained a peremptory writ of mandamus in the Circuit Court of Hillsborough county against the plaintiffs in error as county commissioners of said county commanding them to issue to him a permit, under the statute in such cases, to sell liquors, wines and beer in election district No. 28 of said county for and during the license year beginning on the 1st day of October, A. D. 1903, and ending on the 1st of October, A. D.
1904. From the judgment awarding the peremptory writ the said county commissioners have sued out writ of error from this court. Upon reaching the case in its order on the docket the court finds that the time has expired during which the permit sought to be coerced by the writ would have been legally operative, and, consequently, that a decision at this time of the questions presented by the pleadings, either for or against either of the parties, would be entirely barren of any results. Under these circumstances, according to the well established rule here, as elsewhere, the cause must be dismissed, and it is, therefore, hereby ordered and adjudged that the said cause be, and the same is hereby, dismissed, at the cost of the plaintiffs in error. State ex rel. Vann v. Martin, 47 Fla. 223, 36 South. Rep. 362; State ex rel. Rowe v. Martin, 44 Fla. 175, 32 South. Rep. 926; Broward v. Duval Athletic Club, 39 Fla. 751, 23 South. Rep. 489; State ex rel. Vereen v. Commissioners of Marion County, 27 Fla. 438, 8 South. Rep. 749.
Shackleford, Cockrell, Hocker and Whitfield, JJ., concur. Carter, J., absent.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
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Yent v. State ex rel. H. J. Richardson, 66 Fla. 336 (Fla. 1913)…y, that a decision at this time of the questions presented by the pleadings, would be entirely barren of results; therefore, according to the well established rule here, as elsewhere, the cause should be and- is hereby dismissed. Galvin v. Davidson, 48 Fla. 75, 37 South. Rep. 575, and cases there cited. Dismissed. [*338] Shackleford, C. J., and Taylor, Cockrell, Hocker, and Whitfield, J. J., concur. ON MOTION TO REINSTATE. Filed November 25, 1913. Whenever an election is duly held under Article XIX of…
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Hogan v. State of Fla. ex rel. G. W. Williams, 86 Fla. 361 (Fla. 1923)…ndent board of' public instruction, a decision of the question now would be entirely barren of any results. Under these circumstances, according to the well established rule here as elsewhere, the writ of error must be dismissed. Galvin v. Davidson, 48 Fla. 75, 37 South. Rep. 575; State ex rel. Vann v. Martin, 47 Fla. 223, 36 South. Rep. 362; State ex rel. Rowe v. Martin, 44 Fla. 175, 32 South. Rep. 926; Broward v. Duval Athletic Club, 39 Fla. 751, 23 South. Rep. 489; State ex rel. Vereen v. Commissioners…
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Frenkel v. State of Fla. ex rel Rob Johnson, 89 Fla. 74 (Fla. 1925)…Per Curiam. The writ of error herein is dismissed on authority of Yent v. State ex rel. Richardson, 66 Fla. 336, 63 South. Rep. 452; Galvin v. Davidson, 48 Fla. 75, 37 South. Rep. 575. Taylor, C. J., and Whitfield, Browne and Terrell, J. J., concur.…1 / 2
Previewing 3 of 4 citing cases — full citator treatment, depth of discussion, and citing context are member features.
Join FLexlaw to unlock all legal intelligenceAuthorities Cited
- The State of Fla. ex rel. J. H. Vereen v. The Bd. of Cnty. Comm'rs of Marion Cnty., 27 Fla. 438 (Fla. 1891)
- Napoleon B. Broward v. Bowden, 39 Fla. 751 (Fla. 1897)
- State v. Martin, 44 Fla. 175 (Fla. 1902)
- The State of Florlda ex rel. R. F. Vann v. Martin, 47 Fla. 223 (Fla. 1904)