STATE OF FLORIDA, EX REL HARRY C. DAVIS, RELATOR,
v.
DOYLE E. CARLTON, ERNEST AMOS AND W. V. KNOTT, AS AND CONSTITUTING THE BOARD OF ADMINISTRATION FOR THE DISTRIBUTION OF INTEREST AND SINKING FUNDS IN CONNECTION WITH ROAD AND BRIDGE BONDS, AND ERNEST AMOS, AS SECRETARY OF SAID BOARD, AND W. V. KNOTT, AS EX OFFICIO COUNTY TREASURER OF INDIAN RIVER COUNTY AND OSCEOLA COUNTY, FLORIDA, RESPONDENTS
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The Florida Supreme Court considered a motion to quash an alternative writ of mandamus. The court decided to overrule the motion, allowing respondents to file a return, and also granted the relator permission to amend the writ to substitute new parties.
The court overruled the motion to quash the writ, granting respondents time to file a return. The court also granted the relator permission to amend the writ to substitute the new Governor and Comptroller as parties respondent.
“it seems to the Court that said motion to quash the amended alternative writ of mandamus [*128] should be overruled, with leave to the respondents' to file a return to the writ within fifteen days from the date of the entry of this order.”
This quote establishes the court's decision to overrule the motion to quash and grant respondents time to respond.
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Join FLexlaw to unlock all legal intelligenceAn alternative writ of mandamus was issued and served on members of the State Board of Administration who subsequently retired from office. The relato…
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This cause coming on to be heard upon respondents’ motion to quash the amended alternative writ of mandamus herein, and the same having been submitted upon the written briefs and arguments of the parties, and the Court being now advised of its judgment to be given on the said motion to quash it, it seems to the Court that said motion to quash the amended alternative writ of mandamus *128should be overruled, with leave to the respondents' to file a return to the writ within fifteen days from the date of the entry of this order.
The amended alternative writ of mandamus having been heretofore issued and served upon two members of the State Board of Administration who retired from office January 3, 1933, of which fact this Court takes judicial notice, permission to amend said alternative writ of mandamus by substitution,of the names of the new Governor and Comptroller of the State as parties respondent thereto, is hereby given to relator, and in default of such amendment being made within ten days from date of this order, the proceeding will stand dismissed at costs of relator.
It is so ordered.
Davis, C. J., and 'Whitfield, Terrell, Brown and Buford, J. J., concur.