STATE EX REL. ROBERT NEAFIE
v.
BOARD OF COMMISSIONERS OF EVERGLADES DRAINAGE DISTRICT, ET AL.

Fla. | 1940-10-08
Whitfield, Buford, Chapman and Ti-iomas, J. J., concur., Brown, J., concurs specially.
144 Fla. 535 Florida Supreme Court (1940) Positive Treatment
Also reported at: 198 So. 499
Cited by 3 cases

Opinion of the Court
Terrell, C. J.

Terrell, C. J.

The record and the briefs in this case have been examined and it appears that the same subject matter is involved as was considered in Mark Tennant, et al., v. United States Sugar Corporation, and H. C. Rorick, et al., v. Reconstruction Finance Corporation; et al., decided this date. The questions answered in the last cited cases are decisive of the questions raised in this case, so the motion to quash the certificate of partial compliance with the peremptory writ is denied on authority of said cases. It being our. view that .the status of -the certificates involved being settled, they will be treated accordingly.

*536It is so ordered.

Whitfield, Buford, Chapman and Ti-iomas, J. J., concur.

Brown, J., concurs specially.

Brown, J.

(concurring specially). — I concur in the order that the motion to quash the certificate of partial compliance be denied.

Concurrence
Brown, J.

Brown, J.

(concurring specially). — I concur in the order that the motion to quash the certificate of partial compliance be denied.


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Citator

Cited By

  • Rorick v. United States Sugar Corp., 120 F.2d 418 (5th Cir. 1941)
    …tate courts to require the Board to certify to the tax officers for collection the back taxes and due certifications have been made. See Tennant v. United States Sugar Corp., 144 Fla. 536, 198 So. 498; State ex rel. Neafie v. Board of Commissioners, 144 Fla. 535, 198 So. 499. [*420] The Board of Commissioners in their motion to dismiss admit that the taxes are liens, but say the bondholders may not proceed to foreclose them, their remedy being mandamus to require the proper officers to do their duty if they…

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