State Ex Rel. Ake v. Swanson

Decision Date10 September 1934
Citation116 Fla. 464,156 So. 481
PartiesSTATE ex rel. AKE v. SWANSON et al.
CourtFlorida Supreme Court
En Banc.

Original proceeding by the State of Florida, on the relation of Alton M. Ake, for an alternative writ of mandamus to Thomas E. Swanson and others.

Alternative writ denied without prejudice, with leave to prosecute suit in the circuit court.

COUNSEL

C. L. Chancey, of Fort Lauderdale, for relator.

OPINION

PER CURIAM.

The petition for alternative writ of mandamus filed herein on September 10, 1934, having been presented to and considered by this court, is denied without prejudice, with leave to file and prosecute the same in the circuit court; it appearing that no sufficient reason exists why the Supreme Court should take original jurisdiction of this matter.

Alternative writ of mandamus denied without prejudice, with leave to prosecute suit in circuit court.

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

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3 cases
  • State ex rel. Renaldi v. Sandstrom
    • United States
    • Florida District Court of Appeals
    • April 16, 1973
    ...with the necessity for fact finding, judicial expediency, and to avoid a burden on the appellate system. See: State ex rel. Ake v. Swanson, 116 Fla. 464, 156 So. 481; State ex rel. Davis v. City of Avon Park, 117 Fla. 565, 158 So. 159, 98 A.L.R. 230; State ex rel. Harris v. Gautier, 108 Fla......
  • Harvard v. Singletary
    • United States
    • Florida Supreme Court
    • May 6, 1999
    ...were not unique to death cases and there was no compelling reason this Court should hear the case), and State ex rel. Ake v. Swanson, 116 Fla. 464, 464, 156 So. 481, 481 (1934)(denying writ of mandamus without prejudice and with leave to prosecute same in circuit court where it appeared "th......
  • State ex rel. Scaldeferri v. Sandstrom
    • United States
    • Florida Supreme Court
    • October 31, 1973
    ...of facilities for fact finding on a matter of bail reduction which would face the appellate court system, citing State ex rel. Ake v. Swanson, 116 Fla. 464, 156 So. 481 (1934); State ex rel. Davis v. City of Avon Park, 117 Fla. 565, 158 So. 159, 98 A.L.R. 230 (1934); and quoting from our ow......

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