State Ex Rel. Davidson v. Couch

• Decision Date: 26 May 1934
• Citation: 155 So. 153,115 Fla. 115
• Parties: STATE ex rel. DAVIDSON v. COUCH, City Manager, et al.
• Court: Florida Supreme Court

155 So. 153

115 Fla. 115

STATE ex rel. DAVIDSON v. COUCH, City Manager, et al.

Florida Supreme Court

May 26, 1934

En Banc.

Application by the State, on the relation of Herbert M. Davidson, for writ of mandamus to be directed to M. S. Couch, as city manager, and Francis Mills, as city clerk and collector of the city of Daytona Beach, Volusia county.

Alternative writ quashed with leave to amend.

COUNSEL

Green & West and Alfred A. Green, all of Daytona Beach, and W. J. Oven, of Tallahassee, for relator.

Millard B. Conklin and H. B. Hodgden, both of Daytona Beach, for respondents.

OPINION

PER CURIAM.

On April 3, 1934, the relator addressed the following letter to the respondents:

'Daytona Beach, Florida, April 3rd, 1934.

'Mr M. S. Couch, City Manager, and Mr. Francis Mills, City Clerk and Collector, of the City of Daytona Beach, Florida Daytona Beach, Florida.

'Dear Sirs: I call your attention to the following provisions of section 490, Compiled General Laws of Florida, 1927:

"490. (424) Public records open to examination by citizens.--All State, county and municipal records shall at all times be open for a personal inspection of any citizen of Florida, and those in charge of such records shall not refuse this privilege to any citizen. (Ch. 5942, Acts 1909, 1.)'

'As a citizen of the City of Daytona Beach, Florida, I request you to allow Mr. J. L. Robertson (who is also a citizen of the City of Daytona Beach, a certified public accountant under the laws of the State of Florida, and thoroughly familiar with the municipal records and books of account of the City of Daytona Beach because of the fact that he has audited the same for the City during the years 1933 and 1932), to examine for me the municipal records and books of account of the City of Daytona Beach covering the period of time from December 31st, 1931 to date.

_________________________________ 'Yours very truly,

_________________________________ '[Signed] Herbert M. Davidson.'

The written demand contained in the letter having been ignored by the persons to whom it was addressed, the demandant on April 5, 1934, applied for and obtained from this court an alternative writ of mandamus, the command of which is as follows:

'Now, therefore, we being willing that full and speedy justice be done in the premises, do command you, M. S. Couch, as City Manager, and Francis Mills, as City Clerk and Collector, of the City of Daytona Beach, Volusia County, Florida, and each of you, individually and/or in your official capacity as aforesaid, to permit said relator, Herbert M. Davidson, in person, and by his duly authorized attorney or attorneys, agent or agents, representative or representatives, to make such inspection and inspections, from time to time, and of any and all the municipal records and books of account of said City of Daytona Beach, as he, the said Herbert M. Davidson, may so desire to inspect within the terms and provisions of the law; or show cause, if any you can, why you should not be required so to do by the peremptory writ of this court; and that said showing by you be made before our Supreme Court at the Capitol in Tallahassee, at ten o'clock, A. M., on the 12th day of April, A. D. 1934, and you have then and there this writ.'

Upon motion to quash it is contended that the alternative writ is defective in the following particulars: ...