H. C. MORGAN, AS TAX COLLECTOR, BREVARD COUNTY, ET AL.,
v.
STATE, EX REL. GEORGE PALMER GARRETT, AS ADMINISTRATOR, ETC.
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The Florida Supreme Court affirmed a lower court's decision compelling a drainage district to levy taxes to satisfy a judgment. The court found that mandamus was the appropriate remedy to compel the district to exercise its taxing power for lawful obligations, and that a prior mandamus proceeding did not bar the current action due to material differences in the writ's command.
Yes, mandamus is the proper remedy to compel a drainage district to exercise its existing taxing power to pay lawful obligations like judgments. No, the prior mandamus proceeding does not bar the current action because the command of the writ in this case is materially different.
“The respondent district having been granted the power of taxation (limited though it may be as has been held in our prior decisions) is responsible for the exercise of that power to provide for the payment of its lawful obligations.”
Establishes the district's responsibility to use its taxing power for obligations.
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Join FLexlaw to unlock all legal intelligenceThe defendant in error held a valid judgment against the Cocoa-Rockledge Drainage District. The district had the power of taxation, though limited. Th…
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The judgment held by defendant in error' has heretofore been adjudged by this Court to be a good and valid judgment against the Cocoa-Rockledge Drainage District for the amount recovered.
The mandamus proceedings brought up for review on this record and this writ of error have been examined and appear to be in accordance with the rules of law heretofore decided by this Court. State, ex rel. Vans Agnew, v. Johnson, 112 Fla. 7, 150 Sou. Rep. 111; State, ex rel. Vans Agnew, v. Davidson, 115 Fla. 772, 156 Sou. Rep. 7.
The respondent district having been granted the power of taxation (limited though it may be as has been held in our prior decisions) is responsible for the exercise of that power to provide for the payment of its lawful obligations. •Mandamus is the proper, remedy to compel the exercise of such power of special taxation as it exists, to the extent that it may be lawfully exercised, for the purpose of paying judgments against the district. ’ .
The prior mandamus proceeding considered in State, ex rel. Van Agnew, v. Johnson, supra, was not a bar to the . present proceedings because the command of the writ in this case is materially different and is' in conformity, to the modification of the prior judgment of the Circuit Court which, as modified, was affirmed by the Supreme Court.
*536No error has been found in any of the proceedings in this case, so the judgment of the Circuit Court is affirmed. Affirmed.
Whitfield, C. J., and Brown and Davis, J. J., concur.
Ellis, P. J., and Terrell and Buford, J. J., concur in the opinion and judgment.
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Cocoa-Rockledge Drainage Dist. v. George Palmer Garrett cum testamento annexo de bonis non of the Estate of P. A. Vans Agnew, 140 Fla. 359 (Fla. 1939)…ry writ of mandamus against Cocoa-Rockledge Drainage District coercing the levy of a tax to pay the judgment (State ex rel. Vans Agnew v. Johnson, 112 Fla. 7, 150 South. Rep. 111), which was affirmed by this Court in Morgan v. State ex rel. Garrett, 126 Fla. 534, 171 South. Rep. 310. At this point, and prior to the litigation which we are now asked to review, the appellee w^as the holder of a valid judgment and the relator in a mandamus suit wherein a peremptory writ had been entered and affirmed commandin…
Previewing 3 of 5 citing cases — full citator treatment, depth of discussion, and citing context are member features.
Join FLexlaw to unlock all legal intelligenceAuthorities Cited
- Krueger v. Nobles, 112 Fla. 7 (Fla. 1933)
- State v. Lock Davidson and Ernest H. Every, 115 Fla. 772 (Fla. 1934)