STATE OF FLORIDA, EX REL., ALTON M. AKE, RELATOR,
v.
BROWARD COUNTY PORT AUTHORITY, ET AL., RESPONDENTS

Fla. | 1932-11-23
Buford, C.J. and Whitfield, Ellis, Terrell, Brown and Davis, J.J., concur.
107 Fla. 303 Florida Supreme Court (1932) Positive Treatment
Also reported at: 144 So. 656
Cited by 2 cases

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Synopsis

The Florida Supreme Court modified an alternative writ of mandamus to allow the Broward County Tax Assessor to deliver the 1932 tax assessment roll, prioritizing public interest over prolonged deliberation on the case's merits.


Holding

Yes, the court modified the alternative writ of mandamus to permit and direct the Tax Assessor to certify and deliver the 1932 tax assessment roll to the Tax Collector, subject to further court orders.


Key Quotes

“as the public interests would be jeopardized by holding up the delivery of the 1932 Assessment Roll to the Tax Collector until the final decision of this cause”

This quote explains the court's primary concern for public interest in modifying the writ.

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Facts & Procedural History

Respondents in a mandamus action requested modification of the writ to allow the Tax Assessor to certify and deliver the 1932 tax assessment roll. The…

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Opinion of the Court
Per Curiam.

Per Curiam.

This cause coming on to be heard upon motion of counsel for certain Respondents praying that the Alternative Writ of Mandamus in this cause be so modified as to permit and direct the Tax Assessor of Broward County to certify and deliver to the Tax Collector of the *304County the Assessment Rail for the year 1932 and it being made to appear to the Court that the Assessor has prepared the Tax Roll and is ready to turn it over to the Collector as required by statute, and in as much as state and county taxes are legally due and payable November 1st, and as the question involved in this cause may require prolonged study and deliberation and as the public interests would be jeopardized by holding up the delivery of the 1932 Assessment Roll to the Tax Collector until the final decision of this cause;

IT IS THEREFORE considered, ordered and adjudged by the Court that the Alternative Writ heretofore issued be so modified as to permit and direct the Tax Assessor of Broward County to certify and deliver ta the Tax Collector of said county the Tax Assessment Roll for the year 1932 as required by statute subject to the further orders of this Court in appropriate proceedings.

Buford, C.J. and Whitfield, Ellis, Terrell, Brown and Davis, J.J., concur.


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Citator

Cited By

  • City of Fort Lauderdale v. State, 125 Fla. 89 (Fla. 1936)
    …the following decisions and statutes: Martha Bright Farms, Inc., v. Broward County Port Authority, 117 Fla. 361, 158 Sou. Rep. 70; State, ex rel. Davis, v. Hyan, 103 Fla. 1136, 151 Sou. Rep. 416; State, ex rel. Ake, v. Broward County Port Authority, 107 Fla. 303, 151 Sou. Rep. 718, Chapter 12552, Special Acts of 1927; Chapters 13940 and 13941, Special Acts of 1929; Chapter 15107, Special Acts of 1931; Chapters 17506 and 17507, Special Acts of 1935. The present controversy originated as a proceeding in mand…

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