STATE EX REL. JESSE LAMAR HOLLINGSWORTH, JR.,
v.
MARY M. GWYNN, AS CLERK OF THE CIRCUIT COURT, DESOTO COUNTY
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The Florida Supreme Court denied a petition for a writ of mandamus seeking to direct a circuit court clerk on the amount to demand for tax sale certificates. The Court found that the circuit court, with access to all relevant records, was the proper venue for such a determination.
No, the Florida Supreme Court denied the petition for a writ of mandamus. The Court held that if any directions were necessary regarding the amount to be demanded, the circuit court was the appropriate venue because it possessed all related records needed for such a determination.
“In effect, the petitioner seeks to have us direct the clerk of the circuit court as to the amount he is entitled to demand of' the relator to conform to our opinion and judgment in [*37] the case of Clark v. Hollingsworth, et al., 188 Sou. 827.”
This quote describes the core request made by the petitioner in the mandamus action.
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Join FLexlaw to unlock all legal intelligenceThe relator, Jesse Lamar Hollingsworth, Jr., petitioned the Florida Supreme Court for a writ of mandamus. The petition sought to direct the Clerk of t…
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This matter is before us on petition for alternative writ of mandamus.
In effect, the petitioner seeks to have us direct the clerk of the circuit court as to the amount he is entitled to demand of’ the relator to conform to our opinion and judgment in *37the case of Clark v. Hollingsworth, et al., 188 Sou. 827.
If there be any necessity for directions in this regard, the end can best be served by application to the circuit court because all related records are available there for inspection as a basis for determining the several amounts, including costs, penalties and subsequently assessed taxes which the purchaser of tax sale certificates may have paid to place himself in position to apply for tax deed.
As to costs, see State ex rel. Worth v. Culbreath, opinions filed August 21 and April 28, 1939.
Petition is denied.
So ordered. .
Terrell, C. J., and Buford, J., concur.
Thomas, J., concurs specially.
Wi-iitfield, J., concurs in opinion and judgment.
Justices Brown and Chapman not participating as authorized by Section 4687, Compiled General Laws of 1927, and Rule 21-A of the Rules of this Court.
(concurring specially). — I agree with the opinion adopted by the Court and feel that the petition should be denied also on the ground that it does not comply with Rule 27, approved January 17, 1939.
Thomas, J.
(concurring specially). — I agree with the opinion adopted by the Court and feel that the petition should be denied also on the ground that it does not comply with Rule 27, approved January 17, 1939.
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Join FLexlaw to unlock all legal intelligenceAuthorities Cited
- Clark v. Hollingsworth, 138 Fla. 2 (Fla. 1939)