STATE, EX REL. BEN HUR LIFE ASSN.
v.
EDWIN BINNEY, ET AL.
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The Florida Supreme Court granted a motion to amend an alternative writ of mandamus but discharged the current tax roll from its operation. The court allowed the relator to seek relief for a subsequent tax roll and ordered respondents to file a return to the amended writ.
The court granted the motion to amend the alternative writ of mandamus. However, it ordered that the current tax roll be discharged from the operation of the amended writ.
“In this case the relator's motion to amend the alternative writ of mandamus will be granted but in consideration thereof, an order will be entered discharging the current tax roll prepared for tax collecting period of November 1, 1933, to November 1, 1934, from the operation of the alternative writ of mandamus as amended, without prejudice, however, to any relief relator may be found entitled to in the premises with respect to the requirement of an appropriate tax levy for the above mentioned tax-collecting period to be entered on a subsequent tax roll under authority of the opinion and judgment in State, ex rel. Sherrill & Vann v. Milam (opinion filed April 7, 1933), 113 Fla. 491, 153 Sou. Rep. 100.”
This quote summarizes the court's decision regarding the amendment of the writ and its effect on the tax roll.
The relator sought a writ of mandamus to compel certain actions related to a tax roll. The relator filed a motion to amend the alternative writ. The c…
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In this case the relator’s motion to amend the alternative writ of mandamus will be granted but in consideration thereof, an order will be entered discharging the current tax roll prepared for tax collecting period of November 1, 1933, to November 1, 1934, from the operation of the alternative writ of mandamus as amended, without prejudice, however, to any relief relator may be found entitled to in the premises with respect to the requirement of an appropriate tax levy for the above mentioned tax-collecting period to be entered on a subsequent tax roll under authority of the opinion and judgment in State, ex rel. Sherrill & Vann v. Milam (opinion filed April 7, 1933), 113 Fla. 491, 153 Sou. Rep. 100. It is further ordered that the respondents do file their return to the amended alternative writ of mandamus herein within twenty days from *251the date of this order and that briefs be filed on the merits of this case within the times and according to the rules governing appellate cases, first brief to be filed by relator.
Let an order be entered accordingly.
Davis, C. J., and Whitfield, Terrell and Buford, J. J., concur.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
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State v. Rodes, 115 Fla. 259 (Fla. 1934)…appropriate amendment to the alternative • writ to the effect that the matters and things required to be done and performed by respondents shall apply to the 1934 budget instead of the 1933 budget. See State, ex rel. Ben Hur Life Assn. v. Binney, 113 Fla. 250, 151 Sou. 420; State, ex rel. Klemm v. Baskin, 111 Fla. 667, 150 Sou. 517. So ordered. Davis, C. J., and Whitfield, Terrell and Buford, J. J., concur.…
Authorities Cited
- State ex rel. J. H. Sherrill & D. A. Vann v. Milam, 113 Fla. 491 (Fla. 1932)