STATE OF FLORIDA EX REL. THE YELRAEK CORPORATION, A CORPORATION, RELATOR,
v.
JOHN R. BEACHAM, GEORGE O. BUTLER, E. B. DONNELL, J. L. EARMAN AND VINCENT OAKSMITH, AS AND CONSTITUTING THE CITY COMMISSION OF THE CITY OF WEST PALM BEACH, IN PALM BEACH COUNTY, FLORIDA, AND FRED W. MILLER, AS TAX ASSESSOR OF SAID CITY, RESPONDENTS
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This Florida Supreme Court case involves a mandamus action where the relator, Yelraek Corporation, sought to compel city officials to take specific actions. The court sustained the relator's demurrer to the respondents' return, leading to the issuance of a peremptory writ of mandamus.
The court sustained the relator's demurrer to the respondents' return, finding it insufficient. Consequently, the court ordered that the amended alternative writ of mandamus be made peremptory.
“it is considered, ordered and adjudged by the Court that the demurrer of the relator to the return of the respondents be and the same is hereby sustained”
This quote establishes the court's ruling on the demurrer, indicating the respondents' return was found insufficient.
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Join FLexlaw to unlock all legal intelligenceThe Yelraek Corporation filed an amended alternative writ of mandamus against the City Commission of West Palm Beach and the City Tax Assessor. The re…
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— This cause coming on to be heard upon the amended alternative writ of mandamus herein and upon the return of the respondents and upon the demurrer of the relator to the return of the respondents and same having been duly considered upon briefs and argument of counsel for the respective parties, and the Court being now advised of its judgment to be given in the premises, it is considered, ordered and adjudged by the Court that the demurrer of the relator to the return of the respondents be and the same is hereby sustained; and the respondents having declined to further plead to the alternative writ of mandamus, it is now considered, ordered and adjudged by *846the Court that said amended alternative writ of mandamus herein be made peremptory and that the clerk do issue a peremptory writ of mandamus in this cause.
Terrell, C. J., and Whitfield, Ellis, Strum, Brown and Buford, J. J., concur.