CHARLES A. CLARK, D. C. BROWN, J. F. HAMMOND, R. H. CARSWELL AND ROBERT E. MERRITT, AS AND CONSTITUTING THE BOARD OF COUNTY COMMISSIONERS OF DUVAL COUNTY, FLORIDA, APPELLANTS,
v.
S. J. MELSON, APPELLEE

Fla. | 1921-08-15
Taylor and Whitfield, J. J., concur., West, J., specially concurs., Brówne, C. J., and Ellis, J., dissent.
82 Fla. 230 Florida Supreme Court (1921) Positive Treatment
Cited by 8 cases
Opinion of the Court
Per Curiam.

Per Curiam.

This cause having heretofore been submitted to the Court upon the transcript of the record of the order aforesaid, and briefs and argument of counsel for the respective parties, and the record having been seen and inspected, and the Court being now advised of its judgment to be given in the premises, it seems to the Court that there is no error in the said order; it is, therefore, considered, ordered and adjudged by the Court that the said order of the Circuit Court be, and the same is hereby affirmed.

Taylor and Whitfield, J. J., concur. West, J., specially concurs.

Brówne, C. J., and Ellis, J., dissent.

Concurrence
West, J.,

West, J.,

Concurring. — This appeal is from an order of the Circuit Court granting a temporary injunction in accordance with the prayer of the bill. Two questions are presented. The first relates to the parties defendant. Under it the contention is made that necessary parties are not made defendants. But, this defect, if the contention is sound, may be corrected at any time before final decree,in the court below. Camp Phosphate Co. v. Anderson, 48 Fla. 226, 37 South. Rep. 722.

The second is upon the merits. The general doctrine is that whether a preliminary' injunction shall be granted rests in the sound discretion of the trial court and upon appeal an order granting or denying such an injunction will not be disturbed unless contrary to some rule of equity or the result of improvident exercise of judicial discretion. Meccano, Ltd. v. Wanamaker, 253 U. S.

136. It is not apparent that the order appealed from is not in accord with this rule. On the contrary there seems to be’ ample warrant for it in the allegations of the bill verified by affidavits of complainant and others. Bids for supplying materials for counties under the provisions of Section 1486, Revised General Statutes of Florida, 1920, should be predicated upon adequate specifications of such materials. Without such specifications of materials bids for supplying same cannot, in the nature of things, be competitive for the obvious reason that the several bids may not contemplate supplying identical materials.

Cases With Similar Vibessemantic neighbors from the corpus

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Cited By

  • Wester v. Belote, 103 Fla. 976 (Fla. 1931)
    …ll afford opportunities for favoritism, whether any favoritism is actually practiced or not. Neither can they include other reservations which by their necessary effect, will render it impossible to make an exact comparison of bids. Clark v. Melson, 82 Fla. 230, 89 Sou. Rep. 495; Dillon Municipal Corp., Section 807, page 1211; 15 Corpus Juris 550; 19 R. C. L. 1070; 3 McQuillan on Municipal Corp. (2nd Ed.) pages 885-886. In Clark v. Melson, supra, it was held in effect by this court, in affirming an order…
  • Bonded Rental Agency, Inc. v. The City OF Miami, 192 So. 2d 305 (Fla. 3d DCA 1966)
    …under Rule 1.17(a), Florida Rules of Civil Procedure, 30 F.S.A., it is within the discretion of a trial judge to add parties prior to final determination of a cause. See: Camp Phosphate Company v. Anderson, 48 Fla. 226, 37 So. 722; Clark v. Melson, 82 Fla. 230, 89 So. 495; Milton v. City of Marianna, supra; Alger v. Peters, Fla.1956, 88 So. 2d 903; Penn v. City of Lakeland, Fla.App.1959, 109 So. 2d 771. However, the general rule is that parties may be joined prior to the final decree but may not be joined…
  • Robinson's, Inc. v. Short, 146 So. 2d 108 (Fla. 1st DCA 1962)
    …ill afford opportunities for favoritism, whether any favoritism is actually practiced or not. Neither can they include other reservations which by their necessary effect will render it impossible to make an exact comparison of bids. Clark v. Melson, 82 Fla. 230, 89 So. 495; Dillon, Municipal Corp., § 807, page 1211; 15 Corpus Juris, 550; 19 R.C.L. 1070; 3 McQuillin on Municipal Corp. (2d Ed.) pages 885, 886.” [Emphasis supplied.] The necessary effect of the reservations in the instant specifications is to…

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