Florida Real Estate Com'n v. State
| Decision Date | 26 October 1954 |
| Citation | 75 So.2d 290 |
| Parties | FLORIDA REAL ESTATE COMMISSION, Frank A. Lee, Leland Jordan and W. H. Flannery, as Members of the Florida Real Estate Commission, and M. M. Smith, Jr., Executive Secretary of said Commission, Appellants, v. STATE of Florida, ex rel. Charles J. BODNER, Appellees. |
| Court | Florida Supreme Court |
Gaylord C. Kenyon, Orlando, for appellants.
Charles J. Bodner, Miami, for appellee.
The appellee, Charles J. Bonder, secured an alternative writ of mandamus out of the Circuit Court of Dade County against the Florida Real Estate Commission. It was recited in the writ that the relator represented that he had complied with all applicable statutes and laws of the respondent Commission to entitle relator to be licensed and registered as a real estate broker under the provisions of Chapter 475, F.S.A., the Real Estate License Law, but that the respondent Commission had failed and refused to license and register the relator. The command of the writ was to register and license the relator forthwith and to issue to him a certificate of registration, or show cause for its refusal. The respondent interposed its motion to quash on the ground, among others, of improper venue, thus raising its privilege of being sued in these proceedings in the county of its official headquarters, which are located in Orange County. The motion to quash was denied and on issues raised by the Commission's return, peremptory writ was ultimately issued from which this appeal is taken.
The first question presented to us is the matter of venue raised by the motion to quash the alternative writ. We are required to decide whether, in this action, the respondent Commission may invoke the privilege to be sued in Orange County where its executive officers are located. The Commission contends that this case is governed by the rule that where no constitutional right of plaintiff is challenged and no attempt to seize his property is shown, administrative officers and agencies may invoke the right to be sued in the county of their official residence. Appellee counters with the contention that, in the case of the respondent Commission, the legislature has not fixed or designated the location of its headquarters or executive offices and that not having such officially designated legal residence, the Commission may not claim the privilege asserted.
The Florida Real Estate Commission was created by Ch. 11336, Laws of...
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