STATE, EX REL. FRANK P. WOODWARD,
v.
J. M. LEE, AS COMPTROLLER

Fla. | 1935-01-24
Ellis, Terrell and Buford, J. J., and Hutchison, Circuit Judge, concur., Whitfield, C. J., and Brown, J., not participating., Davis, J., disqualified
118 Fla. 245 Florida Supreme Court (1935)
Also reported at: 158 So. 879

AI-generated. These summaries, headnotes, and key points are machine-generated and may contain errors or omissions. Always verify against the full opinion text below. Not legal advice.

Synopsis

The Florida Supreme Court adopted a circuit judge's report, finding the relator was owed $1,471.80 in salary for services as a Railroad Assessment Engineer. The court ordered a peremptory writ of mandamus to issue.


Holding

Yes, the relator is entitled to the salary claimed. The court adopted the commissioner's finding that the amount due was $1,471.80.


Key Quotes

“it is ordered and adjudged by the Court that the report of the said Circuit Judge as Commissioner be approved and adopted by this Court, such report holding drat the Relator was employed by the Railroad Assessment Board to be Railroad Assessment Engineer and that the amount due him as salary up to July 1, 1933, was the sum of $1,471.80.”

This quote establishes the court's adoption of the commissioner's findings regarding the relator's employment and the amount of salary due.

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Facts & Procedural History

The relator, Frank P. Woodward, was employed by the Railroad Assessment Board as a Railroad Assessment Engineer. The case was referred to a circuit ju…

The full statement of facts, procedural history, and disposition for this case are member content.

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Topics

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Opinion of the Court
Per Curiam.

Per Curiam.

The Court having on the 6th day of November, 1934, entered an order referring this matter to the Honorable E. C. Love, one of the Circuit Judges of the Second Judicial Circuit of Florida, with the request and *246authority to said Circuit Judge to act as Commissioner of this Court and as such Commissioner to take and report testimony proffered herein and to report same with his findings of fact thereon for the consideration of this Court; and Judge Love having complied with the request and direction of this Court in the premises and having submitted to this Court his report of the testimony offered in this case before him as such Commissioner and his findings of fact thereupon all of which has been considered by this Court, it is ordered and adjudged by the Court that the report of the said Circuit Judge as Commissioner be approved and adopted by this Court, such report holding drat the Relator was employed by the Railroad Assessment Board to be Railroad Assessment Engineer and that the amount due him as salary up to July 1, 1933, was the sum of $1,471.80.

Ellis, Terrell and Buford, J. J., and Hutchison, Circuit Judge, concur.

It is thereupon ordered and adjudged by the Court that judgment be entered in favor of the Relator herein awarding him a peremptory writ of mandamus as prayed.

Whitfield, C. J., and Brown, J., not participating.

Davis, J., disqualified


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