State ex rel. Booth v. Byington

Decision Date14 July 1965
Docket NumberNo. 33963,33963
Citation178 So.2d 1
PartiesSTATE of Florida ex rel., Charies E. BOOTH, as executor under the last will and testament of Florence I. Herlan, deceased, Appellant, v. Honorable John S. BYINGTON, as County Judge, in and for Volusia County, Florida, Appellee.
CourtFlorida Supreme Court

Douglass & Steinmeyer, W. Dexter Douglass and Edgar C. Booth, Tallahassee, for appellants.

Walter Shelley and Raymond, Wilson, Karl & Conway, Daytona Beach, for appellee.


We have taken jurisdiction of this appeal from a decision in an original prohibition proceeding in a District Court because of the view that the decision initially construed a controlling provision of the Florida Constitution. Article V, Section 4(2), Florida Constitution, F.S.A.; State ex rel. Booth v. Byington, Fla.App., 168 So.2d 164.

We have heard oral arguments and have examined the record and briefs. The appellant has failed to demonstrate that the trial judge has exceeded or proposes to exceed his jurisdiction. Any order which he ultimately enters will be subject to appropriate review on the merits. The District Court, therefore, committed no error in discharging the rule nisi in prohibition. Its judgment is affirmed.

It is so ordered.


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10 cases
  • Moore v. Sanders
    • United States
    • Mississippi Supreme Court
    • March 14, 1990
    ...also, Coulter v. Reese, 261 Ala. 660, 75 So.2d 608, 610 (1954); and State ex rel. Booth v. Byington, 168 So.2d 164 (Fla.App.1964), aff'd 178 So.2d 1, wherein the Alabama and Florida courts hold that where quo warranto is available it is the exclusive 65 Am.Jur.2d Quo Warranto, Sec. 7, p. 23......
  • Danner v. Danner, 67--411
    • United States
    • Florida District Court of Appeals
    • February 7, 1968
    ...State v. City of Sarasota, 1944, 154 Fla. 250, 17 So.2d 109; State ex rel. Booth v. Byington, Fla.App.1964, 168 So.2d 164, aff. Fla., 178 So.2d 1; Butler v. Butler, Fla.App.1965, 172 So.2d 899; Whitaker v. Wright, 1930, 100 Fla. 282, 129 So. 889. This well established rule is for the purpos......
  • Kane v. Robbins
    • United States
    • Florida Supreme Court
    • July 20, 1989
    ...Sawyer v. State, 94 Fla. 60, 113 So. 736 (1927); State ex rel. Booth v. Byington, 168 So.2d 164 (Fla. 1st DCA 1964), affirmed, 178 So.2d 1 (Fla.1965). Moreover, the official acts of the incumbent school board members shall continue to be valid until such time as new members are duly appoint......
  • Estate of Pfeiffer, 71--18
    • United States
    • Florida District Court of Appeals
    • September 21, 1971
    ...125; State ex rel. Ashby v. Haddock, Fla.1962, 149 So.2d 552; Biederman v. Cheatham, Fla.App.1964, 161 So.2d 538; State ex rel. Booth v. Byington, Fla.1965, 178 So.2d 1; In Re Tim's Estate, Fla.1965, 180 So.2d 161; In Re True's Will, 1968, 31 Fla.Supp. 1; Strickland v. Peters, 5th Cir. 1941......
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