STATE, EX REL. THE SHIP CANAL AUTHORITY OF THE STATE OF FLORIDA,
v.
T. D. LANCASTER, AS CLERK OF THE CIRCUIT COURT, MARION COUNTY
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The Florida Supreme Court compelled the Marion County Circuit Court Clerk to comply with Chapter 17022, Acts of 1935, rejecting his argument that the statute was unconstitutional. The Court held that a ministerial officer sued in his official capacity cannot raise constitutional challenges to statutes imposing mandatory duties upon him.
A peremptory writ of mandamus should be awarded because the Clerk, when sued only in his official capacity to coerce performance of ministerial duties imposed by statute, lacks sufficient interest in the subject matter to set up the unconstitutionality of the statute as a ground for refusing to perform those duties.
“In this case a peremptory writ of mandamus should be awarded, however, on the authority of Curtiss Properties, Inc., v. Leatherman, Clerk Circuit Court, 125 Fla. 72, 169 Sou. Rep. 612, it appearing that the effect of Chapter 17022, Acts of 1935, is to impose upon the Clerk of the Circuit Court the mandatory statutory duty to perform the acts required of him in the alternative writ awarded pursuant to the statute.”
Establishes the holding that the mandatory statutory duty must be performed by the Clerk.
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Join FLexlaw to unlock all legal intelligenceThe Ship Canal Authority, a public agency created by Chapter 16176, Acts 1933, sought a peremptory writ of mandamus to compel Clerk T. D. Lancaster to…
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— Relator, a public agency created by Chapter 16176, Acts 1933, has instituted this proceeding to compel obedience on the part of respondent Clerk of the Circuit Court to the terms and requirements of Chapter 17022, Acts 1935, which Act respondent has set up in his reply to the *465proceeding, is unconstitutional and should not he complied with.
In this case a peremptory writ of mandamus should be awarded, however, on the authority of Curtiss Properties, Inc., v. Leatherman, Clerk Circuit Court, 125 Fla. 72, 169 Sou. Rep. 612, it appearing that the effect of Chapter 17022, Acts of 1935, is to impose upon the Clerk of the Circuit Court the mandatory statutory duty to perform the acts required of him in the alternative writ awarded pursuant to the statute.
If rights of taxpayers and others interested in the tax certificates covered by Chapter 17022, supra, are deemed to be unlawfully prejudiced by such Act, such rights should be asserted in appropriate proceedings brought and maintained on the part of the particular persons who conceive themselves unlawfully injured by the carrying out of the statutory scheme set up in the Act.
But absent some complaint in due form of judicial procedure instituted to forestall the official carrying out of said Chapter 17022, Acts of 1935, supra, the Clerk of the Circuit Court, when sued only in his official capacity as such Clerk, to coerce him to carry out the official duties imposed upon him by said chapter, is without such interest in the subject matter involved as will enable him to set up the alleged unconstitutionality of the statute as a ground for refusing to carry out the ministerial duties 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.
*466Whitfield, C. J., and Ellis, Terrell, Brown and Buford, J. J., concur.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
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State v. Atkinson, 136 Fla. 528 (Fla. 1938)…board charged with the performance of duties prescribed by the Act may assume to determine. State v. State Board of Equalizers, 84 Fla. 592, 94 Sou. 681; State v. Beville, 107 Fla. 57, 144 Sou. 331; State, ex rel. Ship Canal Authority v. Lancaster, 125 Fla. 464, 170 Sou. 126. It, therefore, follows that for the litigating respondents to have applied to the Board for relief would have been a vain and useless thing, and, therefore, the provision of the statute, supra, requiring those who may be aggrieved by…
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RAE Steele & W. S. Weaver as Clerk of the Cir. Court of Bay Cnty. v. Freel, 157 Fla. 223 (Fla. 1946)…arth v. Jordan 105 Fla. 322, 140 So. 908; White v. Crandon et al., 116 Fla. 162, 156 So. 303 and cases there cited; State ex rel. Crim v. Juvenal 118 Fla. 487, 159 So. 663; State ex rel. Ship Canal Authority etc. v. Lancaster as Clerk, 125 Fla. 564, 170 So. 126. The latter case cited is particularly analagous to the case here under consideration. The right and authority of a ministerial officer to challenge an Act providing for disbursement of public funds is an exception to the above cited rule. See State…
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State v. Lang, 131 Fla. 216 (Fla. 1938)…f the Constitution relied on have any application whatever to tax certificates in the status of those involved here. State, ex rel. The Ship Canal Authority of the State of Folrida, v. T. D. Lancaster, as Clerk of the Circuit Court of Marian County, 125 Fla. 464, 170 So. 126. The last cited case and cases contained therein concludes every question raised in this case. The Clerk of the Court [*218] is sued only in his official capacity and being so, is absent, such an interest as would authorize him to rais…1 / 2
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
- State v. The Bd. of Equalizers of the State of Fla., 84 Fla. 592 (Fla. 1922)
- State of Fla. ex rel. Casper Howarth v. Saml. D. Jordan, 105 Fla. 322 (Fla. 1932)
- State v. Juvenal, 118 Fla. 487 (Fla. 1935)
- State v. Burton Barrs, 105 Fla. 27 (Fla. 1932)
- State v. Neville, 123 Fla. 745 (Fla. 1936)
- State v. Juvenal, 118 Fla. 485 (Fla. 1935)
- Glenn H. Curtiss Props., Inc. v. Leatherman, 125 Fla. 72 (Fla. 1936)