CHARLES P. ENGLISH, PETITIONER,
v.
HONORABLE FARRIS BRYANT, GOVERNOR OF FLORIDA, AND BOARD OF CANVASSERS, ET AL., RESPONDENTS
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The Court held that it lacks jurisdiction to determine the right of a state senator to hold office, as this power rests solely with the Legislature.
A petition for writ of mandamus questioned the right of an incumbent State Senator to hold office. The Court took judicial notice of Senate journals s…
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This cause is here on petition for writ of mandamus questioning the right of the incumbent State Senator, George L. Hollahan, Jr., to hold that office. We take judicial notice of the Journal of the Florida Senate of April 2, 1963, disclosing that the incumbent was administered the oath of office by the Chief Justice of this Court, and of the journal subsequent thereto showing the active participation of the said George L. Hollahan, Jr. in said Senate as a member thereof.
The Constitution of Florida, Art. Ill, Sec. 6, F.S.A., provides inter alia as follows :
“Each house shall judge of the qualifications, elections and returns of its own members, * *
This Court in State ex rel. Rigby v. Junkin, 146 Fla. 347, 1 So.2d 177 (1941), construed the quoted provision to mean that:
“This Court is without jurisdiction to determine the rights of one who has been elected a member of the Legislature to hold such office. That question is one which only the Legislature may determine.”
Inasmuch as this Court is without jurisdiction of this cause, the application for alternative writ is denied and the petition dismissed.
It is so ordered.
ROBERTS, C. J., and DREW, THOR-NAL and O’CONNELL, JJ., concur.
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McPHERSON v. Flynn, 397 So. 2d 665 (Fla. 1981)…power in the courts of this state to determine election contests and the right to hold legislative office. The courts in this state are without jurisdiction to determine the right of one who has been elected to legislative office. English v. Bryant, 152 So. 2d 167 (Fla.1963); State ex rel. Rigby v. Junkin, 146 Fla. 347, 1 So. 2d 177 (1941). At common law, except for limited application of quo warranto, there was no right to contest in court any public election, because such a contest is political in nature an…
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Staplin v. The Canal Auth. of the State of Fla., 208 So. 2d 853 (Fla. 1st DCA 1968)…re [*857] without substantial merit. The writ is accordingly discharged and the petition dismissed. CARROLL, DONALD K., and SPEC-TOR, JJ., concur. . F.S. §§, 374.051, 374.071, F.S.A. . 13 Fla.Jur. 38, Evidence, § 24; English v. Bryant, (Fla.1963) 152 So. 2d 167. . 12 Fla.Jur. 44, Eminent Domain, §§ 61, 62; Wilton v. St. Johns County, 98 Fla. 26. 123 So. 527. 65 A.L.R. 488. . Miller v. Florida Inland Navigation District, (Fla.App.1961) 130 So. 2d 615.…
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Harden v. Garrett, 483 So. 2d 409 (Fla. 1985)…Fla.1981). Recognizing the potentially intrusive and unbalancing impact of a judicial inquiry into the legislative processes, the courts have held themselves without jurisdiction to evaluate legislator’s qualifications. McPherson; English v. Bryant, 152 So. 2d 167 (Fla.1963); State ex rel. Rigby v. Junkin, 146 Fla. 347, 1 So. 2d 177 (1941). We find no principled basis for distinguishing “qualifications” from the constitutionally co-equal terms of “elections” and “returns”, and disallowing judicial inquiry onl…
Previewing 3 of 4 citing cases — full citator treatment, depth of discussion, and citing context are member features.
Join FLexlaw to unlock all legal intelligenceAuthorities Cited
- Mrs. J. D. Alderman v. Puritan Dairy, Inc., 146 Fla. 345 (Fla. 1941)
- State ex rel Wade S. Rigby v. Junkin, 146 Fla. 347 (Fla. 1941)