STATE OF FLORIDA EX REL. JEFFERSON DAVIS ET AL., RELATORS,
v.
STANLEY MILLEDGE, AS CIRCUIT JUDGE OF THE ELEVENTH JUDICIAL CIRCUIT IN AND FOR DADE COUNTY, FLORIDA, FREDERICK C. PETERS AND BERENICE TODD PETERS, RESPONDENTS; STATE OF FLORIDA EX REL. MASON W. ALGER, RELATOR, V. STANLEY MILLEDGE, AS CIRCUIT JUDGE OF THE ELEVENTH JUDICIAL CIRCUIT IN AND FOR DADE COUNTY, FLORIDA, FREDERICK C. PETERS AND BERENICE TODD PETERS, RESPONDENTS
AI-generated. These summaries, headnotes, and key points are machine-generated and may contain errors or omissions. Always verify against the full opinion text below. Not legal advice.
This case involves a petition for a writ of mandamus challenging an injunction decree. The Supreme Court of Florida dismissed the petition as moot because a related contempt order, which was the basis for the challenge, had already been quashed in a companion case.
The Court dismissed the mandamus proceedings without ruling on the merits of the claim regarding the injunction's validity. The issue became moot due to the Court's decision in a companion case that quashed the contempt order.
“In view of our decision in the companion case, the question raised by the petitions for the alternative writ therefore becomes moot and the mandamus proceedings are hereby dismissed without passing upon the merits thereof.”
This quote explains the reason for dismissing the mandamus petition without addressing the merits of the injunction's validity.
Relators, referred to as the 'six tenants,' sought a writ of mandamus to challenge an injunction decree. They argued the decree was void due to the la…
The full statement of facts, procedural history, and disposition for this case are member content.
Join FLexlaw to unlock all legal intelligence© FLexlaw, Inc. — AI-generated enrichments are proprietary. All rights reserved.
Explore caselaw by topic → Browse Indispensable Party cases and more on FLexlaw
PER CURIAM.
The relators are the “six tenants” described in our opinion filed this date in South Dade Farms, Inc., v. Peters, Fla., 88 So. 2d 891. By their petition for an alternative writ of mandamus which has heretofore been issued, they attack the injunction decree of June 5, 1953, described in the companion case above cited on the ground that it is totally void because of alleged lack of indispensable parties to the cause.
We have this day quashed the contempt order under attack by our opinion in the companion case of Alger v. Peters, Fla., 88 So. 2d 903. In view of our decision in the companion case, the question raised by the petitions for the alternative writ therefore becomes moot and the mandamus proceedings are hereby dismissed without passing upon the merits thereof.
DREW, C. J., and TERRELL, THOMAS, HOBSON and THORNAL, JJ., concur. ROBERTS and O’CONNELL, JJ., not participating.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
-
Granville v. State (Fla. 1st DCA 2024)
Authorities Cited
- Mason W. Alger v. Peters, 88 So. 2d 903 (Fla. 1956)
- Yair Barak v. ACS Int'l Projects, Ltd. (Fla. 3d DCA 2021)
- S. Dade Farms, Inc. v. Peters, 88 So. 2d 891 (Fla. 1956)