State ex rel. Ayala v. Knott

• Decision Date: 01 August 1941
• Citation: 148 Fla. 43,3 So.2d 522
• Parties: STATE ex rel. AYALA v. KNOTT, State Treasurer and Insurance Commissioner.
• Court: Florida Supreme Court

3 So.2d 522

148 Fla. 43

STATE ex rel. AYALA v. KNOTT, State Treasurer and Insurance Commissioner.

Florida Supreme Court

August 1, 1941

En Banc.

Mabry, Reaves, Carlton & White, of Tampa, for plaintiff in error.

J. Tom Watson, Atty. Gen., and Thomas V. Kiernan, of Tallahassee for defendant in error.

BUFORD, Justice.

The respondent Insurance Commissioner gave notice to relator, an insurance agent, that pursuant to Section 6 of Chapter 13663, Acts of 1929, as amended by Section 5 of Chapter 14741, Acts of 1931 he would on a day certain conduct a hearing in Tampa Florida, for the purpose of determining whether the license or certificate of the relator to do business as such insurance agent should be cancelled.

The relator applied to the Circuit Court for an alternative writ of prohibition which was issued and directed to the respondent as Insurance Commissioner, challenging the sufficiency of the charges filed against relator and the authority of the Insurance Commissioner to proceed under provisions of the statute supra, to determine whether or not the license or certificate of the relator to do business as an insurance agent should be cancelled.

A demurrer and motion to strike the alternative writ of prohibition, challenging the jurisdiction of the Circuit Court of Hillsborough County to hear and determine the prohibition proceedings, was sustained and the cause was dismissed.

Writ of error was prosecuted to that judgment.

The command of the alternative writ is that, 'the said W. V. Knott, as State Treasurer and Insurance Commissioner of the State of Florida, your deputies, agents and representatives, to refrain from holding or attempting to hold said hearing and from canceling or revoking or attempting to cancel or revoke the license heretofore issued by you to the said Gabe F. Ayala, until the further order of this court, and do further command you to be and appear in this court on the 6th day of Nov., 1940, and then and there show cause why you should not be perpetually prohibited from holding or attempting to hold a hearing under said notice, and from canceling or revoking or attempting to cancel or revoke the license issued by you to the said Gabe F. Ayala; and have you then and there this writ.'

The ninth ground of the demurrer is as follows:

'The court will take judicial notice of the fact that the Respondent is a Constitutional officer of the State of Florida, and that his official office is located in Tallahassee, Leon County, Florida. Only the Circuit Court of Leon County and the Supreme Court of Florida have jurisdiction to judicially control his official acts.'

The seventh ground of the motion to strike in slightly different language presents the same challenge to the jurisdiction of the court.

On hearing, the Circuit Judge entered an order, inter alia, as follows:

'It is thereupon ordered, adjudged and decreed that the 9th ground of the demurrer and the 7th ground of the motion to quash be, and the same are hereby sustained, it being the opinion of the Court that the court is without jurisdiction. No other grounds of said demurrer or motion to quash have been considered by the Court.

'It is further considered, Ordered and Adjudged that this action be, and the same is hereby dismissed at the cost of Relator without prejudice to the filing thereof in the proper Court.'

The question presented to the Circuit Court was not limited to a determination of the authority of the State Treasurer as Insurance Commissioner to hold a hearing in Hillsborough County concerning the charges made against the insurance agent; but the question sought...