J. C. MCSWEEN, ET AL., APPELLANTS,
v.
STATE LIVE STOCK SANITARY BOARD, ET AL., APPELLEES
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The Florida Supreme Court affirmed the denial of a temporary injunction sought by cattle owners challenging a state livestock board's regulations. The court found the injunction request was broader than the complainants' rights.
Yes, the denial of the temporary injunction was proper because the complainants' prayer for relief extended beyond their alleged ownership and control of cattle in the zone.
“As the complainants do not allege that they own or control all the cattle in zone No. 14, the prayer for injunction is broader than complainants’ right and was properly denied.”
This quote explains the core reasoning for affirming the denial of the injunction.
Complainants, owners of over 75% of cattle in zone No. 14, alleged that Chapter 9201 of the Acts of 1923 was invalid and that the State Live Stock San…
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Per Curiam.
Complainants allege that they are the owners of in excess of 75% of all the cattle within zone No. 14 under Chap. 9201, Acts of 1923; that said Chapter and portions thereof are invalid and that action taken thereunder by the State Live Stock Sanitary Board with reference to zone No. 14 is illegal. It is prayed that the Board be enjoined from enforcing any of the rules and regulations or provisions of Chapter 9201 in any part of zone No. 14, &c. The court denied a temporary injunction and complainants appealed. As the complainants do not allege that they own or control all the cattle in zone No. 14, the prayer for injunction is broader than complainants’ right and was properly denied.
Affirmed.
Ellis, C. J., and Whitfield, Terrell, Strum, and Brown, J. J., concur. Buford, J., disqualified.
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Dep't OF Admin. v. Mallory E. Horne, 269 So. 2d 659 (Fla. 1972)…IN, JJ., concur. . Dickinson v. Stone, 251 So. 2d 268 (Fla.1971); Lee v. Dowda, 155 Fla. 68, 19 So. 2d 570 (1944); Opinion of Justices, 14 Fla. 283 (1872); and Opinion of Justices, 14 Fla. 285 (1872). . McSween v. State, Live Stock Sanitary Board, 97 Fla. 749, 122 So. 239, 125 So. 704 (1929); 65 A.L.R. 508; R. L. Bernardo & Sons, Inc. v. Duncan, 134 So. 2d 297 (Fla.App.1st 1961); Robinson’s Inc. v. Short, 146 So. 2d 108 (Fla.App.1st 1962) ; Crampton v. Zabriskie, 101 U.S. 601, 25 L.Ed. 1070 (1880); 16 C.…
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Fla. Livestock Bd. v. Gladden, 76 So. 2d 291 (Fla. 1954)…t unlawfully usurp the prerogative of the Legislature by postponing the effective date of the act from August 4 to August 15, but acted within the scope of its implied authority in so doing. In McSween v. State Live Stock Sanitary Board of Florida, 97 Fla. 749, 122 So. 239, 246, 125 So. 704, 65 A.L.R. 508, this Court recognized' that rules and regulations of an administrative agency, made under power conferred by the statute, have the force and effect of the statute, “if within the scope and intent of the…
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