Bliven v. Turville, 255
| Decision Date | 05 February 1958 |
| Docket Number | No. 255,255 |
| Parties | F. S. BLIVEN and William Boyd, Appellants, v. Harold TURVILLE et al., Appellees. |
| Court | Florida District Court of Appeals |
Z. D. Giles, Leesburg, for appellants.
Walter Warren, Leesburg, for appellees.
A complaint was filed by F. S. Bliven against certain officials of the City of Clermont, alleging in effect that O. H. Keene and William Boyd were candidates for the office of Mayor of the City of Clermont for a one year term; that an election was held by the said city on December 11, 1956, at which time 18 ballots were marked with a check mark opposite a blank line left on the ballot below the name of O. H. Keene. The election officials concluded that the 18 ballots should not be counted for either of the two candidates for Mayor. The defendants, acting as a Board of Canvassers of said election, concluded these ballots should be counted for O. H. Keene, which resulted in the said O. H. Keene being declared by the Board to have been elected Mayor by a vote of 265 to 250. By his complaint Bliven sought a declaratory decree to determine the validity of the election.
After filing of the complaint, a motion to dismiss was filed and subsequently a petition to intervene was filed on behalf of William Boyd. The Circuit Judge entered an order granting the motion to dismiss.
An appeal was taken on behalf of F. S. Bliven and also on behalf of William Boyd, the petitioner for right to intervene. This appeal was taken on the 22nd of March, 1957. Subsequently, the appellant Bliven filed a motion on the 30th day of September, 1957, with the Supreme Court to have the appeal dismissed as to him, which was granted. Subsequently thereto, the Court entered an order transferring the case, pursuant to Section 26(6), Article V of the constitution as amended at the general election in November, 1956, F.S.A., to the District Court of Appeal of Florida, Second District, for consideration and determination. The above case came on for oral argument before the Second District Court of Appeal at Tavares, January 10, 1958, and upon inquiry of the Court, the attorney representing the appellant Boyd stated that the term of office for which the appellant had been elected expired the 1st of January, 1958.
It being apparent to the Court that no relief could be afforded the appellant if this Court should reverse the lower court on a question of law, it would be useless to do so. It is, therefore, the order of the...
To continue reading
Request your trial
-
Friends of the Everglades, Inc. v. South Florida Regional Planning Council
...Miami Beach, 156 So.2d 182 (Fla. 3d DCA 1963); Coursen v. City of South Daytona, 127 So.2d 905 (Fla. 1st DCA 1961); Bliven v. Turville, 100 So.2d 91 (Fla. 2d DCA 1958). Appeal ...
-
Seidner v. Seidner
...Incorporated, 226 So.2d 858 (Fla. 4th DCA 1969); In re Estate of Lindsay, 207 So.2d 736 (Fla. 4th DCA 1968); F. S. Bliven v. Turville, 100 So.2d 91 (Fla. 2d DCA 1958). Conceding mootness, the appellant urges that the issues in this case are "capable of repetition, yet evading review" and th......
-
Kuhl v. County Com'n of Hardee County
...P.A., Brooksville, and Mygnon C. Evans, Lakeland, for appellees. PER CURIAM. This appeal is dismissed as moot. See Bliven v. Turville, 100 So.2d 91 (Fla. 2d DCA 1958). COBB, C.J., and DAUKSCH and COWART, JJ., ...
-
Iowa Mut. Ins. Co. v. Gulf Heating & Refrigeration Co.
...the appellant would have us decide has become moot and nothing would be accomplished by our decision on that question. Bliven v. Turville, Fla.App.1958, 100 So.2d 91; 2 Fla.Jur., Appeals § 291 (Rev. ed. The appeal is dismissed ex mero motu. Appeal dismissed. SHANNON and PIERCE, JJ., concur. ...