State Ex Rel. Collins v. Rogers
| Decision Date | 28 July 1939 |
| Citation | 190 So. 701,139 Fla. 557 |
| Parties | STATE ex rel. COLLINS et al. v. ROGERS et al. |
| Court | Florida Supreme Court |
En Banc.
Error to Circuit Court, Hernando County; J. C. B. Koonce, Judge.
Proceeding by the State, on the relation of Mrs. S. R. Collins and others, as members of the Board of Trustees of Special Tax School District No. 1 of Hernando County, for a writ of mandamus to J. M. Rogers, as chairman and member of the Board of Public Instruction of Hernando County, and others. An alternative writ was quashed, and relators bring error.
Writ of error dismissed.
Clyde H. Lockhart, of Brooksville, for plaintiffs in error.
Coogler & Coogler, of Brooksville, for defendants in error.
In mandamus proceedings the alternative writ was quashed September 6, 1938. A writ of error was taken March 6, 1939, which is not 'within six months from the date of' the order quashing the alternative writ. Sec. 4619, C.G.L.; Simmons v. Hanne, 50 Fla. 267, 39 So. 77, 7 Ann.Cas. 322. The order quashing the alternative writ is not a final judgment. State ex rel. Rhodes v. Goodson et al., Liberty County Commissioners, 65 Fla. 475, 62 So. 481.
The Writ of Error is dismissed.
BROWN, J., not participating as authorized by Section 4687, Compiled General Laws of 1927, and Rule 21-A of the Rules of this Court.
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State ex rel. Ware v. City of Miami
...quashing an alternative writ on granting a motion to quash is not a final judgment in mandamus, was followed in State ex rel. Collins v. Rogers, 139 Fla. 557, 190 So. 701. See also Goodrich and Cone, Mandamus in Florida, 4 U.Fla.L.Rev. 535, 543. Cf. State ex rel. Rhodes v. Goodson, 65 Fla. ......
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State ex rel. Mott v. Scofield, 1293
...writ of mandamus, without a provision that the petition be dismissed. Huie v. Lewis, Fla.1954, 71 So.2d 498; State ex rel. Collins v. Rogers, 1939, 139 Fla. 557, 190 So. 701; State ex rel. Clifton v. City of Daytona Beach, 1934, 114 Fla. 384, 154 So. 165; State ex rel. Rhodes v. Goodson, 19......
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State ex rel. Sidman v. Fink, 62-222
...a motion to quash prior to final hearing. Such an order is not a final judgment and is, therefore, not appealable. State ex rel. Collins v. Rogers, 139 Fla. 557, 190 So. 701; see State ex rel. Ware v. City of Miami, Fla.App.1958 107 So.2d 385 and cases therein cited. The appeal must be dism......