STATE OF FLORIDA, EX REL. E. H. JONES,
v.
J. J. FERNANDEZ

Fla. | 1932-09-27
Buford, C.J., and Whitfield, Brown and Davis, J.J., concur., Ellis, J., agrees to the conclusion.
107 Fla. 849 Florida Supreme Court (1932) Positive Treatment
Also reported at: 143 So. 642
Cited by 2 cases
Opinion of the Court
Terrell, J.

*850Terrell, J.

This petition for quo warranto seeks to test the right of respondent to hold and exercise the title and privilege vested in him as nominee of the Democratic Party to the office of County Commissioner, First County Commissioner District of Hillsborough County.

The facts presented and the questions raised are similar to those involved in State on relation of Ben Watkins vs. J. M. Fernandez, decided this date. The rule to' show cause will therefore be denied on authority of that case.

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

Ellis, J., agrees to the conclusion.

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  • Broward Cnty. Port Auth. v. Alton M. Ake, 111 Fla. 132 (Fla. 1933)
    …tter kind of an order is clearly an appealable interlocutory order, although the first may not be. This is so, because no order, but merely a certificate of disqualification, is required in the former situation. See Stearns v. Stearns, 106 Fla. 440, 143 Sou. Rep. 642, where the Judge’s alleged disqualification was passed upon here upon an appeal. See also: Hirsch Co. v. McDonald Furn. Co., 94 Fla. 185, 114 Sou. Rep. 517. In situations like that here presented, while mandamus will also lie to coippel action by a…
  • State v. Hon. George W. Whitehurst, 108 Fla. 465 (Fla. 1933)
    …at case that the absence of a showing of disquálification of the resident Judge in the record would work a reversal of orders made in the case by an outside Judge pursuant to Section 4348 C. G. L., 2681 R. G. S. See Stearns v. Stearns, 106 Fla. 440, 143 Sou. Rep. 642. In Brownlee v. State, 95 Fla. 775, 116 Sou. Rep. 618, text 623, this Court said: “If any party is dissatisfied with the action of a trial Judge in declaring himself disqualified, he must make timely objection and report to his proper remedy or el…

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