B. D. BENNETT, ET AL., AS BOARD OF TRUSTEES OF SPECIAL TAX SCHOOL DISTRICT NO. 6, ORANGE COUNTY, ET AL.,
v.
GEORGE A. BARKER, ET AL., AND W. H. DRESCH, AS BOARD OF PUBLIC INSTRUCTION, ORANGE COUNTY
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The Florida Supreme Court granted a peremptory writ of mandamus, ordering relators to have final judgment against respondents after respondents failed to amend their return following a sustained demurrer. This case represents a procedural conclusion where a party's failure to act led to an adverse judgment.
Yes, relators are entitled to a final judgment and a peremptory writ of mandamus because respondents failed to take further action after their demurrer was sustained.
“it appearing to the Court that an order has been heretofore entered in this cause sustaining the demurrer of [*387] the relators to the return of the respondents and no sufficient application to amend the return or to take further proceedings having been made by the respondents, in consequence of which relators are entitled to a' final judgment against the respondents on their said demurrer”
This quote explains the basis for the court's decision, highlighting the sustained demurrer and the respondents' failure to act.
Previewing 1 of 2 key quotes on this case — the court’s exact language, pinpointed for members.
Join FLexlaw to unlock all legal intelligenceRelators filed a motion for a peremptory writ of mandamus. The court had previously sustained relators' demurrer to respondents' return. Respondents d…
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This cause coming on to be heard upon the motion of the relators for a peremptory writ of mandamus herein and it appearing to the Court that an order has been heretofore entered in this cause sustaining the demurrer of *387the relators to the return of the respondents and no sufficient application to amend the return or to take further proceedings having been made by the respondents, in consequence of which relators are entitled to a' final judgment against the respondents on their said demurrer, it is thereupon considered, ordered and adjudged that the relators herein do- have judgment against the respondents herein on their said demurrer and that a peremptory writ of mandamus do issue herein in accordance with the alternative writ of mandamus as amended and that relators do have and recover of and from the respondents their costs in this cause to be taxed by the Clerk.
Davis, C. J., and Whitfield, Terrell, Brown and Buford, J. J., concur.
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State v. Wilkinson, 117 Fla. 463 (Fla. 1934)…te. Section 710 C. G. L., 569 R. G. S. And such duty is enforceable by mandamus. State, ex rel. Pittman v. Barker, 113 Fla. 865, 152 Sou. Rep. 682; Board of Trustees v. Board of Public Instruction, 116 Fla. 176, 156 Sou. Rep. 318, Bennett v. Barker, 116 Fla. 386, 156 Sou. Rep. 437. It was also the duty of the respondents, as members of the County Board of Public Instruction to make a proper official record on their minutes of the fact and cause of rejection of all nominations disapproved and to transmit no…
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Revell v. State, 130 Fla. 242 (Fla. 1937)…tion 710 C. G. L., 569 R. G. S. And such duty is enforceable by mandamus. State, [*248] ex rel. Pittman, v. Barker, 113 Fla. 865, 152 Sou. Rep 682; Board of Trustees v. Board of Public Instruction, 116 Fla. 176, 156 Sou. Rep. 318; Bennett v. Barker, 116 Fla. 386, 156 Sou. Rep. 437. “It was also the duty of the respondents, as members of the County Board of Public Instruction to make a proper official record on their minutes of the fact and cause of rejection of all nominations disapproved and to transmit n…