State Ex Rel. Lane Drug Stores, Inc. v. Carswell

Citation166 So. 249,122 Fla. 639
PartiesSTATE of Florida ex rel. LANE DRUG STORES, Inc., a Corporation, Relator v. R. H. CARSWELL, as Tax Collector of Duval County, Florida.
Decision Date26 November 1935
CourtFlorida Supreme Court

Affirmed on Rehearing February 25, 1936.

En Banc.

Judgment affirmed on rehearing 166 So. 262.

COUNSEL

Thos. B. Adams, Henry P. Adair, and Knight, Adair, Cooper & Osborne, all of Jacksonville, for relator.

Cary D. Landis, Atty. Gen., and H. E. Carter and J. V. Keen, Asst. Attys. Gen., and Henry C. Tillman, of Tampa, for respondent.

OPINION

PER CURIAM.

This case is disposed of on authority of State of Florida ex rel. Lane Drug Stores, Inc., v. Simpson, Tax Collector (Fla.) 166 So. 227, this day decided.

Demurrer to respondent's return sustained as to amended alternative writ of mandamus.

WHITFIELD, C.J., and TERRELL, BROWN, and DAVIS, JJ., and FRANK A. SMITH, Circuit Judge, concur.

DISSENTING

BUFORD, Justice (dissenting in part).

I dissent in part from the opinion prepared by Mr. Justice DAVIS in this case to the extent and for the same reasons set forth in the opinion dissenting in part in the case of State of Florida ex rel. Lane Drug Stores, Inc., a Corporation, v. Clyde H. Simpson, as Tax Collector of Duval County, Florida (Fla.) 166 So. 227.

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18 cases
  • State Ex Rel. Lane Drug Stores, Inc. v. Simpson
    • United States
    • Florida Supreme Court
    • 26 Noviembre 1935
    ... ... stores in the state of Florida, all of which are located in ... Duval county, has tendered the filing fees and license fees ... prescribed by chapter 16071, Laws of Florida 1933, for the ... opening and operation of retail stores, and has demanded of ... the respondent R. H. Carswell (now deceased) [122 Fla. 590] ... and of his successor, Clyde H. Simpson, the licenses to which ... it is entitled under the provisions of chapter 16071, Laws of ... 1933. The tenders were refused by the respondent carswell and ... by his successor, the respondent Simpson, on the sole ground ... ...
  • Volusia County Kennel Club v. Haggard
    • United States
    • Florida Supreme Court
    • 1 Junio 1954
    ... ... VOLUSIA COUNTY KENNEL CLUB, Inc., et al ... HAGGARD et al ... Supreme Court ... of Rights of the Constitution of the State of Florida ...         Sixty percent ... State ex rel. West Flagler Amusement Co. v. Rose, 122 Fla ... a tax upon the gross sales of all retail stores based upon a fixed percentage of the amount of ... Lane Drug Stores v. Simpson, 122 Fla. 582, 166 So ... ...
  • Small v. Sun Oil Co., 37098
    • United States
    • Florida Supreme Court
    • 23 Abril 1969
    ... ... Dickinson, Comptroller of the State of Florida, Appellants, ... SUN OIL COMPANY, a ... State ex rel. Arpen v. Brown, 19 Fla. 563; State ex rel. Moody ... ...
  • Lasky v. State Farm Ins. Co.
    • United States
    • Florida Supreme Court
    • 17 Abril 1974
    ... ... 113, 24 L.Ed. 77 (1877); State ex rel. Adams v. Lee, 122 Fla. 639, 166 So. 249 (1935); ... White (Fla.1973), 281 So.2d 1; Fronton, Inc. v. Fla.State Racing Comm. (Fla.1955), 82 So.2d ... ...
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