STATE OF FLORIDA, EX REL. FIRST STATE SAVINGS BANK OF MORENCI, MICHIGAN, PLAINTIFF IN ERROR,
v.
SPECIAL ROAD & BRIDGE DISTRICT NO. 7, HARDEE COUNTY, FLORIDA, ET AL., DEFENDANTS IN ERROR
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A mandamus proceeding challenging the State Board of Administration's refusal to pay special road and bridge district bonds. The Florida Supreme Court affirmed the circuit court's quashing of the writ, holding that mandamus rights against the State Board are limited to those authorized by the statute creating the Board.
The writ was properly quashed as too broad. Mandamus rights against the State Board of Administration are limited solely to those expressly authorized by statute, specifically Chapter 14486, Acts of 1929, and may only compel the Board to execute the obvious intent and purpose of that statute.
“rights enforceable by writ of mandamus against the State Board of Administration when made a respondent to such writ, are dependent solely upon the statute creating rights which under the law may be asserted and enforced against the State board”
Establishes the foundational principle that mandamus authority against the State Board is statutorily limited
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Join FLexlaw to unlock all legal intelligenceFirst State Savings Bank of Morenci, Michigan held bonds issued by Special Road & Bridge District No. 7 of Hardee County, Florida. The bank sought man…
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In this case is involved a proceeding in mandamus brought to enforce the payment of certain special road and bridge district bonds of Special Road & Bridge District No. 7 of Hardee County. The proceeding was instituted by plaintiff in error, as relator in the court below, *464against Special Road & Bridge District No. 7 of Hardee County, the County Commissioners of said county, the Hardee County Tax Assessor and Tax Collector together with the State officials constituting the State Board of Administration as joint respondents.
The command of the alternative writ was in substance as follows:
“ 'That the respondents * * * whose duty it is, under the law so to do, to pay instanter to relator * * * all sums of money actually on hand * * * applicable to the payment of bonds held by relator * * * not exceeding an amount sufficient to pay the principal and accrued interest * * * or so much * * * as the said monies on hand shall be sufficient to satisfy in full * * * and upon their failure so h> do, that said respondents * * * and show cause, if any they have, why they fail or refuse to make such payment; and in the event there be not sufficient money on hand * * * to pay the whole of the indebtedness due relator * * * said respondents are hereby required and commanded * * * to show cause * * * why the respondents whose duty it is to receive and collect taxes heretofore levied * * * should not be required * * * to pay over to relator all sums of money collected on account of taxes heretofore or hereafter levied * * * for the purpose of paying the bonded indebtedness of said District until the said claims of relator be paid in full and * * * in the absence of prior payment * * * at the time when, according to law, the assessment roll for Hardee County for the year 1932 is required to be made up * * *' they should not be required to include on said roll * * * taxes * * * sufficient when collected to pay the relator in full.’ ”
We have recently held here that rights enforceable by writ of mandamus against the State Board of Administration when made a respondent to such writ, are dependent *465solely upon the statute creating rights which under the law may be asserted and enforced against the State board, to the extent of compelling the State board to carry out and execute the obvious intent and purpose of Chapter 14486, Acts of 1929, under which the State Board of Administration is required to perform its functions. State ex rel. Orrell v. Johnson, 109 Fla. 263, 147 Sou. Rep. 254.
The alternative writ in this case embraced commands against the State Board of Administration which were not justified under the holding of the above cited case, therefore, the Circuit Court’s judgment, quashing the alternative writ as being too broad, was proper and should be affirmed.
Affirmed.
Ellis and Terrell, J. J., concur.
Whitfield, P. J., and BrowN and Buford, J. J., concur in the opinion and judgment.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
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State ex rel. Suwannee River Bridge Co. v. Sholtz, 114 Fla. 135 (Fla. 1934)…y are ac [*142] corded by law the privilege to do so by seeking in the courts their ordinary remedies at law for the realization of their contractual rights. In State ex rel. State Savings Banks v. Special Road and Bridge District of Hardee County, 110 Fla. 463, 153 Sou. Rep. 909, it was held that rights enforceable by writ of mandamus against the State Board of Administration under Chapter 14486, Acts of 1929, when such Board is made a respondent to a mandamus writ, are dependent solely upon the statutes…
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City of Wauchula v. State, 115 Fla. 26 (Fla. 1934)….the levying and paying over of a special tax to discharge his bonds. See McNally y. State, ex rel. Bond Realization Corp., 112 Fla. 434, 150 Sou. Rep. 751; State, ex rel. First State Savings Bank v. Special Road & Bridge Dist. No. 7, Hardee County, 110 Fla. 463, 153 Sou. Rep. 909. A single writ of mandamus issued by a Circuit Court may command the levy of an appropriate special tax, the impoundment of it thereafter in a special fund, and the subsequent payment of it over to. a relator as the litigating bon…
Authorities Cited
- State v. Johnson, 109 Fla. 263 (Fla. 1933)