Seminole County v. State
| Decision Date | 15 April 1927 |
| Citation | 93 Fla. 929,112 So. 616 |
| Parties | SEMINOLE COUNTY et al. v. STATE ex rel. UPPER ST. JOHNS RIVER NAV. DIST. |
| Court | Florida Supreme Court |
Error to Circuit Court, Seminole County; W. W. Wright, Judge.
Proceeding by the State, on the relation of the Upper St. Johns River Navigation District, created by Acts Ex. Sess. 1925, c 11431, for mandamus to be directed to the members of the Board of County Commissioners of Seminole County, and another. To review judgment granting writ, defendants bring error.
Reversed.
Syllabus by the Court
Mandamus to compel county commissioners individually to perform official acts must be served on commissioners severally regardless of statutes (Rev. Gen. St. 1920, §§ 1493, 1494). Where mandamus is brought commanding county commissioners to individually perform official acts, the writ must be served on the commissioners severally.
Writ of mandamus should be served on individuals required to perform duty commanded; writ of mandamus to compel county commissioners individually to perform official acts served on one was not basis for peremptory writ commanding action by several members of board, regardless of statutes (Rev. Gen St. 1920, §§ 1493, 1494). A writ of mandamus should be served upon the individuals who are required to perform the duty commanded.
De Cottes, Spencer & Dighton, of Sanford, for plaintiffs in error.
P. A. Vans Agnew, of Winter Park, E. F. Housholder, of Sanford, and George P. Garrett, of Orlando, for defendant in error.
This writ of error was taken to a peremptory writ of mandamus commanding the 'county of Seminole and the board of county commissioners of Seminole county' and the tax assessor of Seminole county to perform stated acts relating to the levy of a tax in Seminole county for the benefit of the 'Upper St. Johns river navigation district,' created by chapter 11431, Acts of the Extra Session of 1925 including the counties of Broward and Seminole. The writ was issued against the 'county of Seminole and Alexander Vaughan, as tax assessor of Seminole county, Fla.' Service of the alternative writ was made on Alexander Vaughan as tax assessor and on 'Boston Steel as county commissioner of Seminole County, in the absence of the chairman of said board of county commissioners.' The county of Seminole and the tax assessor filed a demurrer and a motion to quash the alternative writ, which demurrer and motion were overruled and peremptory writ was granted, to which this writ of error was taken.
As the alternative writ was not addressed to the several county commissioners in their official capacity, and as the writ was served on only one of the county commissioners, and as the individual county commissioners have not appeared in the cause, there was no authority to issue a peremptory writ that, if effective...
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