E. A. MCCORMICK, APPELLANT,
v.
M. M. BOND, ET AL., COUNTY COMMISSIONERS, AND HARVEY JONES, APPELLEES
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The Florida Supreme Court dismissed an appeal concerning a contract for county convict labor because the contract period had already expired, rendering the case moot. The court found that no practical relief could be granted.
Yes, the appeal should be dismissed because the contract period has expired, making the case moot and precluding any practical relief.
“It appears from the record that the contract referred to was to run for a period of one year beginning November 6th, 1916. The time covered by the contract has therefore expired and nothing can be accomplished by the suit.”
This quote establishes the factual basis for the court's decision regarding mootness.
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Join FLexlaw to unlock all legal intelligenceA complainant filed a bill seeking to nullify a contract awarded by County Commissioners for the care of county convicts and to compel the award of th…
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Per Curiam
The complainant filed his bill against the County Commissioners of Volusia County and Harvey Jones the successful bidder, to whom a contract was awarded by said County Commissioners, for the care and guarding of the County Convicts while at work on the public roads of the county.
The prayer of the bill is that the contract be adjudged and decreed to be null and void, and that the said Commissioners be commanded, by an appropriate writ of injunction to award said contract to complainant who was also a bidder therefor. Demurrers to the bill were sustained, a temporary restraining order was denied, complainant was allowed ten days within which to amend his bill, and upon his. failure so to do it was ordered that the bill stand dismissed at the cost of complainant. From this order an appeal was taken to this court.
It appears from the record that the contract referred to was to run for a period of one year beginning November 6th, 1916. The time covered by the contract has therefore expired and nothing can be accomplished by the suit. This being true the appeal will be dismissed. McKeown v. Evans, 73 Fla. 34, 73 South. Rep. 841.
It is so ordered.
All concur.
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Citator
Cited By (26 total)
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Travis v. Sim Travis, 81 Fla. 309 (Fla. 1921)…Fla. 130, 85 South. Rep. 117; Douglas et al., v. Ogle, 80 Fla. 12, 85 South. Rep. 243; Whidden v. Rogers, Jr., Trustee, 78 Fla. 98, 82 South. Rep. 611; Boyd v. Gosser, 78 Fla. 61, 82 South. Rep. 758; Brickell v. Town of Ft. Lauderdale, 75 Fla. 622, 78 South. Rep. 681; Manasse v. Dutton Bank, 75 Fla. 327, 78 South. Rep. 424; Mickens v. Mickens, 75 Fla. 391, 78 South. Rep. 287; Smith v. O’Brien, 75 Fla. 252, 78 South. Rep. 13; Simpson, Trustee, v. First National Bank, 75 Fla. 539, 77 South. Rep. 204; Farrell v. Fo…
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City of Tarpon Springs v. Smith, 81 Fla. 479 (Fla. 1921)
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Schaefer v. Voyle, 88 Fla. 170 (Fla. 1924)…uglas v. Ogle, 80 Fla. 42, 85 South. Rep. 243; Hill v. Beacham, 79 Fla. 430, 85 South. Rep. 147; Whid [*173] den v. Rogers, 78 Fla. 93, 82 South. Rep. 611; Boyd v. Gosser, 78 Fla. 64, 82 South. Rep. 758; Brickell v. Town Ft. Lauderdale, 75 Fla. 622, 78 South. Rep. 681; Manasse v. Dutton Bank, 75 Fla. 327, 78 South. Rep. 424. The will being contested is dated July 18, 1916. The will which petitioners allege effected a revocation of the former will was made, according to the evidence, in the fall of 1917, the exac…
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Join FLexlaw to unlock all legal intelligenceAuthorities Cited
- McKeown v. Evans, 73 Fla. 34 (Fla. 1917)