STATE, EX REL. CHARLES H. GRIM
v.
J. H. JUVENAL, AS CHAIRMAN, ET AL., AS MEMBERS OF THE BOARD OF COUNTY COMMISSIONERS OF BROWARD COUNTY, ET AL.

Fla. | 1935-02-25
No. A.
Whitfield, C. J., and Ellis, Terrell, Brown, Buford and Davis, J. J., concur.
118 Fla. 485 Florida Supreme Court (1935) Positive Treatment
Also reported at: 159 So. 665
Cited by 6 cases

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Synopsis

This case involves an original proceeding in mandamus where the relator sought to compel the Board of County Commissioners to approve his salary as a Probation Officer and issue payment. The court found the writ too broad because it extended to future salary bills and successors in office, quashing the writ with leave to amend.

Holding

The court held that the alternative writ of mandamus was too broad because it encompassed future salary payments and successors in office. Therefore, the motion to quash was granted.

Key Quotes

“To the extent that the command of the writ extends to "all subsequent bills for salary" and to the extent that it runs to the successors in office of respondents the writ is too broad and the motion to quash interposed thereto is well taken and should be sustained.”

This quote explains the court's reasoning for quashing the writ, identifying the specific elements that made it overly broad.

Previewing 1 of 2 key quotes on this case — the court’s exact language, pinpointed for members.

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Facts & Procedural History

The relator, a Probation Officer, sought a writ of mandamus to compel the Broward County Board of County Commissioners to approve his salary for servi…

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Topics
Mandamus

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Opinion of the Court
Per Curiam.

Per Curiam.

This is an original proceeding in mandamus. The command of the alternative writ is that the respondents, as members of the Board of County Commissioners of Broward County convene and approve the salary bill of relator, and do all things necessary to pay the compensation due relator as the duly commissioned and qualified Probation officer of Broward County, Florida, under Section 3690 C. G. L., 2325 R. G. S., for the period from June, 1933, to October, 1934, amounting to $1,275.00, and that the respondent, J. H. Juvenal, as Chairman of the Board of County Commissioners, and the respondent, E. R. Bennett, as Clerk of said Board, draw and countersign a warrant or warrants to the relator in payment of his salary claim aforesaid. The command of the wxdt extends “to all subsequent bills for salary” and is addressed not only to the respondents, but to their successors in office as well.

To the extent that the command of the writ extends to “all subsequent bills for salary” and to the extent that it runs to the successors in office of respondents the writ is too broad and the motion to quash interposed thereto is well taken and should be sustained. State, ex rel. Ben Hur Life Insurance Assn. v. Vickers, 115 Fla. 561, 156 Sou. Rep. 19.

It is therefore ordered that the alternative writ of mandamus herein be quashed with leave to amend in conformity *487with this opinion within ten days, respondents to have a like period for further motion, answer or reply to the alternative writ as amended.

Alternative writ quashed with leave to amend.

Whitfield, C. J., and Ellis, Terrell, Brown, Buford and Davis, J. J., concur.

Cases With Similar Vibessemantic neighbors from the corpus

Citator

Cited By

  • State v. Lancaster, 125 Fla. 464 (Fla. 1936)
    …s imposed upon him thereby. State, ex rel. Howarth, v. Jordan, 105 Fla. 322, 140 Sou. Rep. 908; State, ex rel. Atlantic Coast Line R. Co., v. State Board of Equalizers, 84 Fla. 592, 94 Sou. Rep. 681, 30 A. L. R. 362; State, ex rel. Crim, v. Juvenal, 118 Fla. 485, 487, 159 Sou. Rep. 663, 665. Compare: State, ex rel. Juvenal, v. Neville, 123 Fla. 745, 167 Sou. Rep. 650. Peremptory writ awarded. [*466] Whitfield, C. J., and Ellis, Terrell, Brown and Buford, J. J., concur.…
  • State v. Juvenal, 121 Fla. 69 (Fla. 1935)
    …Davis, J. The controversy which gives rise to this opinion will be found more particularly related in the previous opinion of this Court herein on February 25, 1935. See State, ex rel. Crim, v. Juvenal, 118 Fla. 485-487, 159 Sou. Rep. 663, 665. The alternative writ has subsequently been amended to conform to our previous opinion and the proposition now before us for decision on respondents’ renewed motion to quash the alternative writ in its present form is whe…
  • State v. Juvenal, 119 Fla. 86 (Fla. 1935)
    …Davis, J. The controversy which gives rise to this opinion will be found more particuarly related in the previous opinion of this Court herein on February 25, 1935. See State, ex rel. Crim v. Juvenal, 118 Fla. 485-487, 159 Sou. Rep. 663-665. The alternative writ has subsequently been amended to conform to our previous opinion and the proposition now before us for decision on respondents’ renewed motion to quash the alternative writ in its present form is whet…

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