L. L. MIZELLE
v.
REX SWEAT, SHERIFF, DUVAL COUNTY
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This case involved a challenge to a "No Fence Law" in Duval County, Florida. The Florida Supreme Court reversed a lower court's denial of a temporary restraining order, finding the law unconstitutional based on a prior ruling.
The court held that the Duval County No Fence Law is unconstitutional and unenforceable against the appellant, directing that the relief prayed for be granted.
“The judgment below is reversed on authority of In Re Barber, decided this date, with directions to grant the relief prayed for pending the construction of a line fence between Duval and St. Johns Counties.”
This quote establishes the disposition of the case and the basis for the reversal.
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Join FLexlaw to unlock all legal intelligenceThe appellant, a resident of Duval County with cattle ranging in St. Johns County, sought to prevent the Sheriff of Duval County from enforcing a "No …
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The Appellant, a citizen and resident of Du-val County, with cattle ranging in St. Johns County, brought suit to restrain the Sheriff of Duval County from enforcing the provisions of Chapter 18510, Acts of 1937, better known as the Duval County No Fence Law against him. The grounds relied on for injunctive relief are substantially the same as those relied on to' strike down the Act in In Re Barber, decided this, date, the same Act being brought in question and facts in both cases being similar except that the Appellant in this case was a resident of Duval County. The application for temporary restraining order was denied and this appeal was prosecuted therefrom.
The judgment below is reversed on authority of In Re C. M. Barber, decided this date, with directions to grant the relief prayed for pending the construction of a line fence between Duval and St. Johns Counties.
Reversed.
Ellis, C. J., and Buford, J., concur.
Whitfield, P. J., and Brown and Chapman, J. J., concur in the opinion and judgment.
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Harris v. Baden, 154 Fla. 373 (Fla. 1944)…erected and without distinction as to whether such livestock originally came from within or without the territorial confines of Duval County; but as to straying cattle, it may not be enforced. The decision was followed by Mizell v. Sweat, Sheriff, 130 Fla. 345, 177 So. 709; and Mizelle v. Sweat, Sheriff, 136 Fla. 458, 182 So. 409, holding to the same effect. Coming now to the case at bar, Section 21 of Article III, Constitution of Florida, requires that unless notice of intention to apply for passage of…