CITY OF CLEARWATER
v.
R. E. GREEN, AS MAYOR-COMMISSIONER
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This case involved a mandamus action to compel a mayor-commissioner to sign waterworks revenue certificates. The Florida Supreme Court, relying on prior decisions addressing similar legal questions, granted the writ.
Yes, the Mayor-Commissioner can be compelled by mandamus to perform these actions. The court found that the legal questions presented had already been determined in prior, similar cases.
“This is an original proceeding in mandamus to compel the respondent, R. E. Green, as Mayor-Commissioner of the City of Clearwater, to countersign certain waterworks revenue certificates of the City of Clear-water and to affix the seal of the said City thereto and to execute the coupons attached to said certificates by his facsimile signature.”
This quote describes the factual basis and the relief sought in the original mandamus action.
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Join FLexlaw to unlock all legal intelligenceThe City of Clearwater initiated an original proceeding in mandamus to compel its Mayor-Commissioner, R. E. Green, to countersign waterworks revenue c…
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— This is an original proceeding in mandamus to compel the respondent, R. E. Green, as Mayor-Commissioner of the City of Clearwater, to countersign certain waterworks revenue certificates of the City of Clear-water and to affix the seal of the said City thereto and to execute the coupons attached to said certificates by his facsimile signature.
The same legal questions are presented here for our determination which have been presented and determined in the cases of E. H. Boykin v. Town of River Junction, opinion filed July 17, 1936, and Williams v. Town of Dunnel*158Ion, opinion filed at this Term of the Court, and in the two cases of the State, ex rel. City of Vero Beach, v. MacConnell, as Clerk of the City of Vero Beach, decided at this Term of the Court, and on authority of the opinions and judgments in those cases, the motion to quash the alternative writ in this case is denied and it is ordered that, the Relator not wishing to plead further, peremptory writ of mandamus do issue.
Whitfield, C. J., and Terrell, Brown, Buford and Davis, J. J., concur.
concurs upon the principle announced in his specially concurring opinion in the case of State, ex rel. City of Vero Beach, v. MacConnell, this day filed.
Ellis, P. J.,
concurs upon the principle announced in his specially concurring opinion in the case of State, ex rel. City of Vero Beach, v. MacConnell, this day filed.
Cases With Similar Vibessemantic neighbors from the corpus
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Brooks v. City of Jacksonville, 127 Fla. 564 (Fla. 1937)…. Sou. Rep. 645; State, ex rel. City of Arcadia, v. Daniel, 125 Fla. 151, 169 Sou. Rep. 645; Airth v. City of Live Oak, 125 Fla. 155, 169 Sou. Rep. 646; Blocker v. City of St. Petersburg, 125 Fla. 156, 169 Sou. Rep. 647; City of Clearwater v. Green, 125 Fla. 157, 169 Sou. Rep. 647; State v. City of St. Augustine, 125 Fla. 173, 169 Sou. Rep. 648; State v. City of Fort Pierce, 126 Fla. 184, 170 Sou. Rep. 742; State v. City of Plant City, 127 Fla. 495, 173 Sou. Rep. 363. The remaining- questions raised and ar…
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State v. City of Pensacola, 135 Fla. 239 (Fla. 1938)…r v. City of Miami, 125 Fla. 144, 169 So. 644; Boynton v. City of Safety Harbor, 125 Fla. 143, 169 So. 644; Pentecost v. City of Ft. Myers, 125 Fla. 152, 169 So. 645; Airth v. City of Live Oak, 125 Fla. 155, 169 So. 646; City of Clearwater v. Green, 125 Fla. 157, 169 So. 647; State v. City of St. Augustine, 125 Fla. 173, 169 So. 648; State v. City of Ft. Pierce, 126 Fla. 184, 170 So. 742; Brooks v. City of Jacksonville, 127 Fla. 564, 173 [*242] So. 365, State v. City of Hollywood, 131 Fla. 584, 179 So. 721.…
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State v. City of DeLand, 135 Fla. 540 (Fla. 1938)…r v. City of Miami, 125 Fla. 144, 169 So. 644; Boynton v. City of Safety Harbor, 125 Fla. 143, 169 So. 644; Pentecost v. City of Ft. Myers, 125 Fla. 152, 169 So. 645; Airth v. City of Live Oak, 125 Fla. 155, 169 So. 646; City of Clearwater v. Green, 125 Fla. 157, 169 So. 647; State v. City of St. Augustine, 125 Fla. 173, 169 So. 648; State v. City of Ft. Pierce, 126 Fla. 184, 170 So. 742; Brooks v. City of Jacksonville, 127 Fla. 564, 173 So. 365; State v. City of Hollywood, 131 Fla. 584, 179 So. 721; State…1 / 3