STATE OF FLORIDA, EX REL, FRED D. BALDWIN, ET AL., PLAINTIFFS IN ERROR,
v.
GEORGE G. BROCKETT, ET AL., DEFENDANTS IN ERROR
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The Florida Supreme Court reversed a lower court's dismissal of a petition for mandamus, finding that the county commissioners had a duty to call an election for a special road and bridge district. The court held that the allegations in the petition were sufficient to warrant further proceedings.
No, the motion to quash should have been denied and the demurrer overruled, requiring the respondents to answer the petition. The allegations were sufficient to show the duty to call the election.
“The allegations of the petition, if true, are sufficient to show that the duty devolved upon the board of county commissioners to call an election as prayed for in the petition.”
Establishes the court's finding that the petition's claims were sufficient to proceed.
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Join FLexlaw to unlock all legal intelligencePlaintiffs filed a petition for mandamus in the Circuit Court to compel the Board of County Commissioners to call an election for the creation of a Sp…
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Per Curiam.
Petition for mandamus was filed in the Circuit Court of Brevard County, Florida, to require the defendants constituting the Board of County Commissioners of Brevard County to call an election to vote for the creation of a Special Road and Bridge District in that county. An alternative writ of mandamus was issued, to which defendants appeared and filed demurrer and also motion to quash. Upon hearing after notice the court granted the motion to quash and sustained the demurrer and the plaintiffs refused to plead further. The petition was dismissed and writ of error was sued out.
The allegations of the petition, if true, are sufficient to show that the duty devolved upon the board of county commissioners to call an election as prayed for in the petition. Therefore, motion to quash should have been denied and the demurrer should have been overruled and the respondents should have been required to file their answer or return to the alternative writ.
The judgment of dismissal is reversed and the cause remanded for further disposition in accordance with law and rules of practice.
Reversed and remanded. Whitfield, P. J., and Terrell and Buford, J. J., concur. Ellis, C. J., and Strum and Brown, J. J., concur in tbe opinion and judgment.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
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State ex rel. H. R. P. Miller v. Doss, 141 Fla. 233 (Fla. 1940)…all facts appearing therein well pleaded. ' It is essential that the alternative writ should show a clear,. prima facie case in favor of the relator. See State v. Jacksonville Terminal Co., 71 Fla. 295, 71 So. 474; State ex rel. Baldwin v. Brockett, 95 Fla. 937, 117 So. 107. The alternative writ shows that the relator is a taxpayer and the owner of property located in Lake County, Florida, subject to taxation and the property described in the alter [*236] native writ was omitted from the tax roll for asse…
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State v. City of Pompano, 132 Fla. 830 (Fla. 1938)…atham, 125 Fla. 69, 169 So. 597. Where the alternative writ makes a prima facie case a motion to quash should be denied and the respondents re-1 quired to file their answer or return to the alternative writ. See State, ex rel. Baldwin, v. Brockett, 95 Fla. 937, 117 So. 107; State, ex rel. Burr, v. Jacksonville Terminal Co., 71 Fla. 295, 71 So. 474; State, ex rel. Burr, v. Atlantic Coast Line R. Co., 59 Fla. 612, 52 So. 4. From the pleadings it has been made to appear that a prima facie case has been made…
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State v. Hayes Wood, 136 Fla. 341 (Fla. 1939)…. The facts, well pleaded in this case and set out in the alternative wrrit, are admitted to be true on motion to quash and when an alternative writ makes a prima facie case a motion to quash should be denied. See State, ex rel. Baldwin v. Brockett, 95 Fla. 937, 117 So. 107. The motion to quash is hereby denied and the respondents are allowed fifteen days from date hereof in which to file such answer or return as they may be advised to the alternative writ previously issued in this cause. Is it so ordered…
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