State Ex Rel. Ben Hur Life Ass'n v. Binney

• Decision Date: 13 December 1933
• Citation: 113 Fla. 250,151 So. 420
• Parties: STATE of Florida ex rel. BEN HUR LIFE ASS'N v. BINNEY et al.
• Court: Florida Supreme Court

151 So. 420

113 Fla. 250

STATE of Florida ex rel. BEN HUR LIFE ASS'N v. BINNEY et al.

Florida Supreme Court, Division A.

December 13, 1933

Mandamus by the State of Florida, on the relation of the Ben Hur Life Association, against Edwin Binney and others.

Order in accordance with opinion.

COUNSEL L. O. Casey, of Hollywood, for relator.

Cary D. Landis, Atty. Gen., H. E. Carter and Robert J. Pleus, Asst. Attys. Gen., and F. L. Hemmings, of Fort Pierce, for respondents.

OPINION

PER CURIAM.

In this case the relator's motion to amend the alternative writ of mandamus will be granted, but in consideration thereof an order will be entered discharging the current tax roll prepared for tax-collecting period of November 1, 1933, to November 1, 1934, from the operation of the alternative writ of mandamus as amended, without prejudice, however, to any relief relator may be found entitled to in the premises with respect to the requirement of an appropriate tax levy for the above-mentioned tax-collecting period to be entered on a subsequent tax roll under authority of the opinion and judgment in State ex rel. Sherrill & Vann v. Milam (Fla.) 153 So. 125 (opinion filed April 7, 1933). It is further ordered that the respondents do file their return to the amended alternative writ of mandamus herein within twenty days from the date of this order and that briefs be filed on the merits of this case within the times and according to the rules governing appellate cases; first brief to be filed by relator.

Let an order be entered accordingly.

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