STATE EX REL. MRS. S. R. COLLINS, S. VARN, AND D. O. CARSON AS MEMBERS OF THE BOARD OF TRUSTEES OF SPECIAL TAX SCHOOL DISTRICT NO. 1 OF HERNANDO COUNTY,
v.
J. M. ROGERS, AS CHAIRMAN AND MEMBER OF THE BOARD OF PUBLIC INSTRUCTION OF HERNANDO COUNTY, JAY JERNIGAN AND ROY MOUNTAIN AS MEMBERS AND CONSTITUTING THE BOARD OF PUBLIC INSTRUCTION OF HERNANDO COUNTY

Fla. | 1939-07-28
Terrell, C. J., and Whitfield, Buford, Chapman and Thomas, J. J., concur., Justice Brown not participating as authorized by Section 4687, Compiled General Laws of 1927, and Rule 21-A of the Rules of this Court.
139 Fla. 557 Florida Supreme Court (1939) Positive Treatment
Also reported at: 190 So. 701
Cited by 9 cases
Opinion of the Court
Per Curiam.

Per Curiam.

In mandamus proceedings the alternative writ was quáshed September 6, 1938. A writ of error was taken March 6, 1939, which was not “within six months from the date of” the order quashing the alternative writ. Sec. 4619 C. G. L. Simmons v. Hanne, 50 Fla. 267, 39 So. 77, 7 Ann. Cas. 322. The order quashing the alternative writ is not a final judgment. State ex rel. Rhodes v. Goodson, et al., Liberty County Commissioners, 65 Fla. 475, 62 So. 481.

The writ of error is dismissed.

Terrell, C. J., and Whitfield, Buford, Chapman and Thomas, J. J., concur.

Justice Brown not participating as authorized by Section 4687, Compiled General Laws of 1927, and Rule 21-A of the Rules of this Court.

Cases With Similar Vibessemantic neighbors from the corpus

Citator

Cited By

  • State of Fla. ex rel. Raymond E. Mott v. Scofield, 120 So. 2d 825 (Fla. 2d DCA 1960)
    …mus is not a final judgment, nor is an order merely denying or refusing an alternative writ of mandamus, without a provision that the petition be dismissed. Huie v. Lewis, Fla.1954, 71 So. 2d 498; State ex rel. Collins v. Rogers, 1939, 139 Fla. 557, 190 So. 701; State ex rel. Clifton v. City of Daytona Beach, 1934, 114 Fla. 384, 154 So. 165; State ex rel. Rhodes v. Goodson, 1913, 65 Fla. 475, 62 So. 481; and State ex rel. Lullaby Nursery v. City of Miami, Fla.App.1958, 107 So. 2d 385. For the reason that…
  • State of Fla. ex rel. Joseph B. Sidman & Jack P. Bluestein v. Fink, 140 So. 2d 612 (Fla. 3d DCA 1962)
    …e are presented with an appeal from an order quashing' an alternative writ of mandamus upon granting a motion to quash prior to final hearing. Such an order is not a final judgment and is, therefore, not ap-pealable. State ex rel. Collins v. Rogers, 139 Fla. 557, 190 So. 701; see State ex rel. Ware v. City of Miami, Fla.App.1958, 107 So. 2d 385 and cases therein cited. The appeal must be dismissed and an appropriate order will be entered. Dismissed.…
  • State of Fla. ex rel. Lorene Ware v. City OF Miami, 107 So. 2d 385 (Fla. 3d DCA 1958)
    …ment, even though the original alternative writ has been quashed on motion.” That holding, that an order quashing an alternative writ on granting a motion to quash is not a final judgment in mandamus, was followed in State ex rel. Collins v. Rogers, 139 Fla. 557, 190 So. 701. See also Goodrich and Cone, Mandamus in Florida, 4 U.Fla.L.Rev. 535, 543. Cf. State ex rel. Rhodes v. Goodson, 65 Fla. 475, 62 So. 481. In opposing the motion appellant argues that an order or judgment quashing an alternative writ, wh…

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