Peterson v. State ex rel. Harvey
| Decision Date | 10 January 1947 |
| Parties | PETERSON v. STATE ex rel. HARVEY. |
| Court | Florida Supreme Court |
Appeal from Circuit Court, Volusia County; W. May Walker judge.
Ernest F Housholder and Fred R. Wilson, both of Sanford, for appellant.
Charles W Luther and Curtis Basch, both of Daytona Beach, for appellee.
Horn & Ossinsky, of Daytona Beach, amicus curiae.
On April 26, 1946 the State of Florida ex rel. Paul W. Harvey filed its petition in mandamus in the Circuit Court of Volusia County, Florida, for an alternative writ of mandamus against John H. Graham, P. J. Peterson, M. H. Ryan, Elmer H. Blank and George C. Beck, as and constituting the Board of County Commissioners of Volusia County, respondents, to require them within a time set by the Court to fix the boundaries of the County Commissioners' Districts in Volusia County, Florida, so that each of them is as nearly as possible equal in proportion to population in compliance with the terms and conditions contained and set forth in Article VIII, Section 5, of the Constitution of the State of Florida as amended, or to show cause to said Court for their refusal so to do.
On April 26, 1946, the Honorable Herbert B. Frederick, Circuit Judge, issued an alternative writ of mandamus directed to the above-named parties, as and constituting the Board of County Commissioners of Volusia County, Florida, commanding them to forthwith fix the boundaries of the County Commissioners' Districts of Volusia County, Florida, so as to comply with the constitutional provision mentioned in the petition for the alternative writ, or in default thereof, that they appear before the Court on May 15, 1946, in Chambers at Daytona Beach, Florida, and there show cause why they refuse to do so.
On July 1, 1946, the respondents filed their return and answer to the alternative writ denying the discrimination against relator and other citizens of Volusia County, Florida, alleged in the petition, and alleging their efforts to redefine the boundaries of the County Commissioners' Districts, having held several meetings on certain dates therein referred to for the purpose and the adoption of a resolution by which they resolved themselves into a redistricting commission of Volusia County.
On July 16, 1946, the relator filed a motion for a peremptory writ, alleging that the return and answer to the alternative writ did not show that the County Commissioners had fixed the boundaries of the Commissioners' Districts so that each thereof is as nearly as possible equal as required by the alternative writ, and alleging additional grounds why the peremptory writ should issue.
On August 20, 1946, the respondents filed their motion for leave to file amendment to their return and answer.
On August 20, 1946, the respondents filed an amendment to the return and answer to the alternative writ of mandamus, to which was attached a copy of a resolution adopted August 19, 1946, purporting to redefine the boundaries of the County Commissioners' Districts of Volusia County.
On August 20, 1946, the Honorable W. May Walker, Judge pro haec vice, issued his order reciting that the cause came on to be heard upon the motion of relator for a peremptory writ of mandamus notwithstanding the return and answer of the respondents filed on July 1, 1946, and that it appeared to the Court that the respondents on that day filed an amended return and answer to the alternative writ previously issued therein, which said amended return was agreed to be a satisfactory and just compliance with the said alternative writ, by the respective parties to the cause, and that the issuance of the alternative writ was well founded and that a peremptory writ should be issued, and said amended return deemed and held to be a full compliance at that time in accordance with the agreement of the respective parties, and his Honor, Judge Walker, ordered that a peremptory writ be issued, and that the said amended return was accepted as a certificate of full compliance with the peremptory writ.
On August 20, 1946, Hon. Jess Mathas, Clerk of the Circuit Court of Volusia County, issued a peremptory writ of mandamus commanding the respondents, County Commissioners, to forthwith fix the boundaries of the County Commissioners' Districts of Volusia County, Florida, so that each of them is as nearly as possible equal in proportion to population in compliance with the terms and conditions of Section 5, Article VIII, of the Constitution of the State of Florida.
On October 8, 1946, the appellant, P. J. Peterson, as a member of the Board of County Commissioners of Volusia County, Florida, entered his appeal to the Supreme Court from the above-mentioned order of Honorable W. May Walker, awarding the peremptory writ.
On October 16 1946, appellant filed his assignment of errors, alleging that the Court erred in holding in his said order of August 20, 1946, that the amendment to return and answer of the respondents to the alternative writ was deemed and held to be a full compliance with said alternative writ in accordance with the agreement of the respective parties, and that the said amended return was accepted as a certificate...
To continue reading
Request your trial
-
Credit Indus. Co. v. Remark Chemical Co.
...the cause may appeal only from a decision in some respect adverse to him. Witt v. Baars, 36 Fla. 119, 18 So. 330; Peterson v. State ex rel. Harvey, 158 Fla. 406, 28 So.2d 868. And this rule applies to appeals in proceedings for declaratory relief. See 16 Am.Jur., Declaratory Judgments, page......
-
Paul v. Kanter
...was denied and this appeal followed. Ordinarily, a party may only appeal from a judgment that is adverse to him. See Peterson v. State, 158 Fla. 406, 28 So.2d 868, 870; Credit Industrial Co., Ltd. v. Re-Mark Chem. Co., Inc., Fla.1953, 67 So.2d 540. An exception is allowed in the instance of......
- Stanley v. Stanley