STATE EX REL BOARD OF PUBLIC INSTRUCTION, BREVARD COUNTY, RELATOR,
v.
J. M. LEE, AS STATE COMPTROLLER, RESPONDENT
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The Florida Supreme Court granted a motion to quash an alternative writ of mandamus, dismissing the case. The court held that the statute under which the relator sought relief was unconstitutional, based on a prior ruling.
No, the relator is not entitled to the funds. The court held that Chapter 16125, Acts of 1933, is unconstitutional and void.
“In the case of State ex rel. C. A. Blalock, et al., as Board of County Commissioners of Madison County, v. J. M. Lee, as Comptroller, et al., we have this day filed opinion and judgment holding Chapter 16125, Acts of 1933, invalid, unconstitutional and void upon the grounds therein stated.”
Establishes the precedent relied upon by the court.
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Join FLexlaw to unlock all legal intelligenceThe Board of Public Instruction for Brevard County sought a writ of mandamus to compel the State Comptroller to release $4,000. The relator contended …
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To alternative writ of mandamus addressed to' Honorable J. M. Lee as Comptroller, command*382ing him “to draw your warrant as Comptroller, to the Superintendent of Public Instruction for the County of Brevard, State of Florida, for the aforesaid' $4,000.00 now in your hands as Comptroller, or to show cause before this Honoroable Court on or before the 22nd day of February, A. D. 1941, at 10:00 o’clock in the morning, why you have not complied with the terms of this writ," Respondent has filed return and amendment to return, and also motion to quash the alternative writ.
The relator has filed demurrer to the return as amended.
In short, it is the contention of the relator that it is entitled to have the commands of the alternative writ performed under the provisions of Chapter 16125, Acts of 1933, because the County of Brevard is now within the classification embraced in that Act.
In the case of State ex rel. C. A. Blalock, et al., as Board of County Commissioners of Madison County, v. J. M. Lee, as Comptroller, et al., we have this day filed opinion and judgment holding Chapter 16125, Acts of 1933, invalid, unconstitutional and void upon the grounds therein stated.
Upon authority of the opinion and judgment in that case, the motion to quash the alternative writ is granted in this cause and the cause dismissed.
So ordered.
Brown, C. J., Whitfield, Buford, Thomas and AdaMs, J. J., concur.
Terrell, J., agrees to conclusion.
On Petition for Rehearing
On petition for rehearing it is apparent that relator labors under a misapprehension concerning the consideration indulged by the Court in disposing of this and the several other cases involving the so-called race track *383fund which were presented and argued at the same time and considered together.
In disposing of this case, and the several other cases then presented, the Court carefully considered each of the several records and also studied and considered each and every of the several briefs filed, and applied all briefs to each case and thereupon reached its conclusion disposing of each case.
No factual condition was overlooked and every argument received due consideration.
Rehearing denied.
So ordered.
Brown, C. J., Terrell, Buford, Chapman, Thomas and Adams, J. J., concur.
Whitfield, J., absent because of illness.
On Petition for Rehearing
Per Curiam.
On petition for rehearing it is apparent that relator labors under a misapprehension concerning the consideration indulged by the Court in disposing of this and the several other cases involving the so-called race track fund which were presented and argued at the same time and considered together. In disposing of this case, and the several other cases then presented, the Court carefully considered each of the several records and also studied and considered each and every of the several briefs filed, and applied all briefs to each case and thereupon reached its conclusion disposing of each case.
No factual condition was overlooked and every argument received due consideration.
Rehearing denied.
So ordered.
Brown, C. J., Terrell, Buford, Chapman, Thomas and Adams, J. J., concur. Whitfield, J., absent because of illness.