STATE EX REL. DUPONT BALL, INC.,
v.
DAVID SHOLTZ, ET AL., AS BOARD OF ADMINISTRATION
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The Florida Supreme Court granted a peremptory writ of mandamus, ordering respondents to comply with the relator's request. The court found that the respondents' return presented no legal basis to prevent the relief sought by the relator.
The court held that the respondents' return was insufficient in law to bar the relief sought by the relator.
“it appearing to the Court that the return of the respondents presents herein nothing in law sufficient in bar or preclusion of the relief sought by the alternative writ”
This quote explains the court's primary reason for granting the writ.
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Join FLexlaw to unlock all legal intelligenceThe relator sought a peremptory writ of mandamus. During the proceedings, the parties agreed to amend the alternative writ to substitute new individua…
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This cause came on to be heard upon the motion of relator for the issuance of a peremptory writ of mandamus herein, notwithstanding the return of respondents, and it appearing to the Court that by agreement of counsel made in open court that the alternative writ has been amended so as to substitute David Sholtz for Doyle E. Carlton, and J. M. Lee for Ernest Amos, as respondents, because of a change in the incumbents of the offices' of Governor and Comptroller of the State of Florida since the alternative writ was issued herein on June 30, 1932, and it appearing to the Court that the return of the respondents presents herein nothing in law sufficient in bar or preclusion of the relief sought by the alternative writ, it is' thereupon ordered that motion of relator for issuance of a peremptory writ be granted and that the alternative writ herein, as *593amended, be and the same is hereby made peremptory, the costs of this proceeding to be taxed against relator.
Adjudged accordingly.
Davis, C. J., and Whitfield, Terrell, Brown and Buford, J. J., concur.
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State OF Fla. ex rel. D. A. Hester v. State Bd. OF Admin., 156 Fla. 445 (Fla. 1945)…ertinent Acts of the Legislature. [*446] The first phase of this question requires an affirmative answer, in support of which we deem it sufficient to cite State ex rel. DuPont Bali, Inc., a corporation, Relator, v. David Sholtz, et al., respondent, 112 Fla. 592, 152 So. 731. The second phase is as conclusively answered in the affirmative by former decisions of this Court and by pertinent Statutes affecting the certificates in question. The theory of this Court as to paying certificates issued under Chapte…