HARRY E. PLATT
v.
HAROLD E. ROSS, CITY CLERK, MIAMI, ET AL.
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Harry E. Platt, a Miami City Commissioner, sought an injunction to block recall proceedings against him, arguing they failed to comply with statutory requirements. The Florida Supreme Court reversed the trial court's dismissal and granted the injunction, holding that substantial compliance with recall statutes is required and Platt's amended complaint stated sufficient facts to warrant relief.
The Court held that Platt's amended complaint alleged sufficient facts, if proven, to demonstrate that the recall proceedings did not rest on substantial compliance with the statutory provisions, thereby establishing equity in the bill and entitling him to an injunction pending final hearing.
“Authority for recall of officer must rest on substantial compliance with statutory provisions authorizing recall.”
Establishes the governing legal standard for recall proceedings, requiring substantial statutory compliance.
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Join FLexlaw to unlock all legal intelligenceHarry E. Platt was a City Commissioner of Miami who faced recall proceedings initiated by the City Clerk. The petition blanks used for the proposed re…
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In this case the order of the Circuit Court denying a temporary injunction and granting defendant’s motion to dismiss the complainant’s bill of complaint, as amended, is reversed on authority of State ex rel. Landis v. Tedder, 106 Fla. 140, 143 Sou. Rep. 148, wherein it is said:
“Authority for recall of officer must rest on substantial compliance with statutory provisions authorizing recall.”
The bill of complaint in this case, as amended, sets up sufficient facts, if proved,, to show that the recall proceedings attempted to be carried out against the complainant, Harry E. Platt, one of the City Commissioners of the City of Miami, do not rest on substantial compliance with Sections 12 and 12-A of Chapter 10847, Acts of 1925, Laws of Florida, thé City Charter of Miami, in that, among other things, the petition blanks for the proposed removal were *597not on printed forms furnished as required by the statute,- and that in other particulars the statute was not substantially' complied with. The allegations of the bill, if established by proofs, entitle the complainant to an injunction against the proposed recall proceedings about to be launched against the complainant by action of the defendant City Clerk, s'o there-is equity in the,bill. Hence the motion to dismiss same should have been overruled and temporary injunction granted pending the final hearing.
The orders appealed from are reversed with directions to overrule the motion to dismiss the amended bill of complaint, grant the temporary injunction applied for, permit an answer to be filed and have such further proceedings as may be according to equity practice and not inconsistent with this opinion.
Reversed with directions.
Davis, C. J., and Whitfield, Terrell, Brown and Buford, J. J., concur.
Ellis, J., not participating.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
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Richard v. Tomlinson, 49 So. 2d 798 (Fla. 1951)…could not be forced into a recall election to determine whether he should be ousted, but a few months after entering his term, in the absence of a substantial compliance with the law prescribing the procedure for such drastic action. Platt v. Ross, 112 Fla. 596, 150 So. 716. Because the affidavit failed utterly to form a foundation for the proceeding the petition for certiorari is granted and the order denying the motion for decree on bill and answer is quashed, with directions to enjoin permanently furth…
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DuBose v. Kelly, 132 Fla. 548 (Fla. 1938)…icers may invoke judicial proceedings to protect their rights. See State, ex rel. Landis, v. Tedder, 106 Fla. 140, 143 So. 148. We are also definitely'committed to the doctrine that the recall statutes must be strictly complied with. Platt v. Ross, 112 Fla. 596, 150 So. 716. [*565] I think that the contention that there must be a separate petition as to each of the officers sought to be recalled is well founded because the recall affects the property right of each officer in the office held by him and it i…
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Czyszczon v. City of Treasure Island (Fla. 2d DCA 2026)
Authorities Cited
- State v. Honorable George W. Tedder, 106 Fla. 140 (Fla. 1932)