Broward County v. State Ex Rel Ake

• Decision Date: 11 December 1933
• Citation: 111 Fla. 139,151 So. 699
• Parties: BROWARD COUNTY, a Duly Organized County of the State of Florida; J. H. Juvenal, H. L. Lyons, J. W. Moffitt, B. W. Strickland, and F. L. Neville, as and Constituting the Board of County Commissioners of Broward County, Florida; L. O. Hansen, as County Assessor of Taxes for said County; W. O. Berryhill, as Tax Collector of said County; and Board of Public Instruction of County of Broward, State of Florida; Lamar Thistlewaite, J. J. Hogan, and L. D. Neal, as and Constituting the Members of said Board, Plaintiffs in Error v. STATE of Florida ex rel. Alton M. AKE, Defendant in Error.
• Court: Florida Supreme Court

151 So. 699

111 Fla. 139

BROWARD COUNTY, a Duly Organized County of the State of Florida; J. H. Juvenal, H. L. Lyons, J. W. Moffitt, B. W. Strickland, and F. L. Neville, as and Constituting the Board of County Commissioners of Broward County, Florida; L. O. Hansen, as County Assessor of Taxes for said County; W. O. Berryhill, as Tax Collector of said County; and Board of Public Instruction of County of Broward, State of Florida; Lamar Thistlewaite, J. J. Hogan, and L. D. Neal, as and Constituting the Members of said Board, Plaintiffs in Error v. STATE of Florida ex rel. Alton M. AKE, Defendant in Error.

Florida Supreme Court, Division A.

December 11, 1933

Error to Circuit Court, Broward County; C. E. Chillingworth, Judge.

COUNSEL

Rogers & Morris and R. R. Saunders, all of Fort Lauderdale, for plaintiffs in error.

C. L. Chancey, of Fort Lauderdale, for defendant in error.

Shutts & Bowen and Charles A. Carroll, all of Miami, amici curiae.

OPINION

TERRELL, Justice.

The record and briefs in this cause have been inspected. The sole question presented is whether or not a writ of mandamus should be issued commanding a tax levy in one year for the payment, not only of current principal and interest of special tax school district bonds, but also for past-due principal and interest which matured during three previous years.

This question was raised and answered in State of Florida ex rel. Supreme Forest Woodmen Circle, a Corporation v. Russell G. Snow, Charles L. Brown, and Lawrence O. Hansen, as and constituting the Board of Public Instruction for the County of Broward, State of Florida; Ulric J. Bennett, as Secretary of the Board of Public Instruction for the County of Broward, State of Florida; and J. H. Juvenal, H. L. Lyons, J. B. Barnes, B. W. Strickland, and F. L. Neville, as and constituting the Board of County Commissioners of Broward County, Florida; B. A. Cromartie, as Tax Assessor of Broward County, Florida; and J. A. Warren, as Tax Collector of Broward County, Florida (Fla.) 151 So. 393, decided this date.

The judgment below is consequently affirmed on authority of the law announced in that case.

Affirmed.

DAVIS, C.J., and WHITFIELD, ELLIS, and BUFORD, JJ., concur.

BROWN, J., absent and not participating because of illness.