STATE, EX REL. W. W. HARDAWAY, RECEIVER OF SUNSHINE KENNEL CLUB, INC.,
v.
STATE RACING COMMISSION, CARL G. ROSE, CHAIRMAN, THOMAS, A. JOHNSON, ROGER WEST, ROBERT B. SAUNDERS, AND WALTER H. DONOVAN, AS MEMBERS OF SAID STATE RACING COMMISSION
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This case involves a receiver seeking to compel the State Racing Commission to reinstate a dog racing permit. The court quashed the alternative writ of mandamus, finding the receiver lacked the authority from the appointing court to bring the suit or operate under the permit.
No, the receiver does not have the authority to bring this suit or to procure an amended permit or operate a race track without express authorization from the appointing court. Therefore, the alternative writ of mandamus must be quashed.
“respondents’ objection that there is no authority shown on the receiver relator’s part to seek in this Court by these mandamus proceedings the particular relief now prayed for in this case must be sustained and the alternative writ of mandamus quashed for lack of any authority shown to have been conferred by the appointing court on the complainant receiver to either bring this suit to procure an amended permit, or to construct or operate a race track under such permit, if ordered to be granted by the State Racing Commission.”
This quote explains the court's primary reason for quashing the writ of mandamus.
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Join FLexlaw to unlock all legal intelligenceA receiver for Sunshine Kennel Club, Inc. sought to compel the State Racing Commission to rescind an order cancelling the club's dog racing permit. Th…
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Hardaway, as an equity court Receiver for the Sunshine Kennel Club, Inc., by this proceeding in mandamus seeks to compel the respondents, members of the State Racing Commission, to rescind and vacate their order of July 20, 1935, cancelling a dog racing permit theretofore obtained from the Commission by Sunshine Kennel Club, Inc., as of the date July 25, 1932.
The respondents have pleaded in their return, as legal justification for their order of cancellation, the following provisions of Section 6, Chapter 17276, Acts 1935, General Laws of Florida, which amended Chapter 14832, Acts 1931, under which relator’s cancelled permit was originally granted:
“Provided, that where a permit has been granted by the Commission and no application to the Board of County Commissioners has been made by the permittee within six months after the granting of the permit, the same shall be null and void, and the Commission is hereby authorized to cancel such permit without notice to the holder thereof, and the Board of County Commissioners holding the deposit for the election is hereby authorized and required to refund to the holder of the permit said deposit upon being notified by the State Racing Commission that the permit has become void and cancelled; * * *”
Without at this time deciding what may be the rights of the Sunshine Kennel Club, Inc., in the premises complained of, in view of the above mentioned amendment to the State Racing Law, respondents’ objection that there is no author*23ity shown on the receiver relator’s part to seek in this Court by these mandamus proceedings the particular relief now prayed for in this case must be sustained and the alternative writ of mandamus quashed for lack of any authority shown to have been conferred by the appointing court on the complainant receiver to either bring this suit to procure an amended permit, or to construct or operate a race track under such permit, if ordered to be granted by the State Racing Commission. See: 23 R. C. L. 132.
Alternative writ of mandamus quashed.
Whitfield, C. J., and Ellis, Terrell, Brown and Buford, J. J., concur.
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Corn v. State, 332 So. 2d 4 (Fla. 1976)…68). . Burns v. State, 97 Fla. 232, 120 So. 360 (1929); Kuhn v. State, 98 Fla. 206, 123 So. 755 (1929); Ellis v. State, 100 Fla. 27, 129 So. 106 (1930); Anderson v. Chapman, 109 Fla. 54, 146 So. 675 (1933); State ex rel. House v. Mayo, 122 Fla. 23, 164 So. 673 (1935); Finch v. Mayo, 137 Fla. 762, 189 So. 27 (1939); and Hart v. State, 60 So. 2d 489 (Fla.1952). Rule 3.650, Florida Criminal Rules of Procedure. . Hart v. State, 60 So. 2d 489 (Fla.1952).…1 / 2
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Holloman v. State, 140 Fla. 59 (Fla. 1939)…Fla. 726, 88 Sou. Rep. 762; Cooper v. State, 83 Fla. 34, 90 Sou. Rep. 693; Brooke v. State, 99 Fla. 1275, 128 Sou. Rep. 814, 69 A. L. R. 1173; Ellis v. State, 100 Fla. 27, 129 Sou. Rep. 106, 69 A. L. R. 783; State ex rel. House v. Mayo, 122 Fla. 23, 164 Sou. Rep. 673. For the above reasons the judgment is reversed and the cause remanded to the lower court for the pronouncement of a proper judgment and sentence. Reversed. Whitfield, P. J., and Brown and Chapman, J. J., concur. Terrell, C. J., concurs in opini…
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