STATE, EX REL. J. W. GILLESPIE, L. F. RODGERS, AND JAMES G. MARTIN,
v.
A. T. SHELFER, ET AL., AND J. W. BREWER, CONSTITUTING BOARD OF COUNTY COMMISSIONERS OF DESOTO COUNTY, ET AL.
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The Florida Supreme Court granted a peremptory writ of mandamus, ordering DeSoto County officials to revise the county budget to include funds for outstanding bond interest. The court found no valid reason presented by the respondents to deny the writ.
Yes, a peremptory writ of mandamus should be issued. The court found that the respondents had not presented any valid defense or reason to preclude the issuance of the writ.
“it appearing that no good cause has been presented by the respondents in bar or preclusion of the award of a peremptory writ in accordance with the terms of the alternative writ, either by the motion to quash or by the answer filed”
This quote explains the court's primary reason for granting the writ.
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Join FLexlaw to unlock all legal intelligenceRelators sought a peremptory writ of mandamus to compel DeSoto County officials to include an appropriation in the county budget for past-due and upco…
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This cause coming on for considera■tion upon the motion of relators for a peremptory writ of mandamus herein to ¿-equire the respondent officials. of DeSoto County to convene and revise the county budget for the fiscal year 1933-1934 so as to include therein an appropriation Sufficient to pay the past due interest and interest which will mature prior to October 1, Í934, upon the out*15standing bonds described in the alternative writ and it appearing that no good cause has been presented by the respondents in bar or preclusion of the award of a peremptory writ in accordance with the terms of the alternative writ, either by the motion to quash or by the answer filed, it is thereupon considered, ordered and adjudged by the Court that the relator do have and recover judgment against the respondents for a peremptory writ of mandamus in accordance with the motion therefor filed herein, said peremptory writ to be issued after the command of the alternative writ herein shall first be appropriately amended to provide for the appropriation for the fiscal year 1933-1934 to be made part of a current budget and supported by a current tax levy, the time having expired to apply the same to the 1933 assessment roll, City of Palmetto v. Klemm, 108 Fla. 455, 146 Sou. Rep. 558; State, ex rel. Klemm, v. Baskin, 111 Fla. 667, 150 Sou. Rep. 517; State, ex rel. Bush, v. Simpson, 112 Fla. 627, 150 Sou. Rep. 800.
Judgment in accordance with foregoing opinion will be entered.
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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City of Sarasota v. State, 126 Fla. 407 (Fla. 1936)…Per Curiam. The judgment in this case should be affirmed upon the authority of State, ex rel. Gillespie, v. Shelfer, 118 Fla. 14, 160 Sou. Rep. 364; City of Bradenton v. State, ex rel. Perry, 118 Fla. 838, 160 Sou. Rep. 506; City of Bradenton v. State, ex rel. Oliver, 119 Fla. 864, 158 Sou. Rep. 165, and City of Sarasota v. State, ex rel. Evans, 126 Fla. 405, 168 Sou. Rep. 41…
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City of Kissimmee v. State, 122 Fla. 469 (Fla. 1936)…n Hur Life Ass’n, 121 Fla. 151, 163 Sou. Rep. 473; Treat v. State, ex rel. Dann, 118 Fla. 899, 160 Sou. Rep. 498; State, ex rel. Harris, v. City of Fort Pierce, 111 Fla. 174, 149 Sou. Rep. 338, 150 Sou. Rep. 283; State, ex rel Gillespie, v. Shelfer, 118 Fla 14, 160 Sou. Rep. 364, but with leave to amend the alternative writ so as to have [*470] it conform to the current taxation processes of the respondent City of Kissimmee. Affirmed with leave to amend alternative writ and have peremptory writ awarded t…
Authorities Cited
- State v. Baskin, 111 Fla. 667 (Fla. 1933)
- City of Palmetto v. Klemm, 108 Fla. 455 (Fla. 1933)
- State ex rel. George Bush v. Simpson, 112 Fla. 627 (Fla. 1933)
- Braxton Rhodes v. Grund, 108 Fla. 323 (Fla. 1933)
- Wallace v. Burchard, 112 Fla. 733 (Fla. 1933)