STATE OF FLORIDA EX REL. ROBERT W. ORRELL, RELATOR,
v.
ED JOHNSON ET AL., AS CONSTITUTING THE BOARD OF BOND TRUSTEES OF OCEAN SHORE IMPROVEMENT DISTRICT, AND DOYLE E. CARLTON, ET AL., AS AND CONSTITUTING THE STATE BOARD OF ADMINISTRATION OF THE STATE OF FLORIDA, AND AS AND CONSTITUTING THE STATE BOARD OF ADMINISTRATION OF OCEAN SHORE IMPROVEMENT DISTRICT, AND W. V. KNOTT, AS EX-OFFICIO COUNTY TREASURER OF FLAGLER AND VOLUSIA COUNTIES, FLORIDA, RESPONDENTS

Fla. | 1932-07-16
Whitfield, P.J., and Terrell and Davis, J.J., concur. •
106 Fla. 208 Florida Supreme Court (1932)
Also reported at: 143 So. 128

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Synopsis

The Florida Supreme Court considered a demurrer and motion to quash an alternative writ of mandamus. The court overruled these challenges, allowing the case to proceed.


Holding

No, the court held that the demurrer and motion to quash were not well-founded and therefore overruled them.


Key Quotes

“Ordered and adjudged that the demurrer of the respondents to the alternative writ of mandamus, and the respondents’ motion to quash the alternative writ of mandamus, be and the same are hereby severally over ruled”

This quote states the court's direct ruling on the respondents' challenges.

Facts & Procedural History

The relator filed an alternative writ of mandamus against the Board of Bond Trustees and the State Board of Administration. The respondents filed a de…

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Opinion of the Court
Per Curiam.

Per Curiam.

This cause came on to be heard upon the respondents’ demurrer to and motion to quash the alternative writ of mandamus herein, and the court having heard the arguments of counsel, and considered the briefs filed by the respective parties, and being now advised of its order to be made in the premises on said demurrer and motion to quash, it is thereupon:

Ordered and adjudged that the demurrer of the respondents to the alternative writ of mandamus, and the respondents’ motion to quash the alternative writ of mandamus, be and the same are hereby severally over*209ruled, Avith privilege to respondents to file such return to the alternative writ of mandamus as they may be advised is proper to be made, or to stand upon the return to the alternative Avrit already tendered and filed. Relator and respondents shall have the privilege of filing briefs herein after any appropriate motion or proceeding for disposition of the cause upon the alternative Avrit and return, said briefs to be filed within the periods of time and in the form prescribed by the rules of this court concerning briefs generally.

It is so ordered.

Whitfield, P.J., and Terrell and Davis, J.J., concur. •


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