State Ex Rel. Diamond v. Cone

• Decision Date: 06 October 1937
• Citation: State Ex Rel. Diamond v. Cone, 177 So. 878, 130 Fla. 219 (Fla. 1937)
• Parties: STATE of Florida ex rel. H. V. DIAMOND, Thomas Ates, J. H. Thompkins, Gus Neison, and W. W. Harrison, as and Constituting Board of County Commissioners of Santa Rosa County, Florida, Petitioners v. Fred P. CONE, as Governor of the State of Florida, J. M. Lee, as Comptroller of the State of Florida, W. V. Knott, as Treasurer of the State of Florida, as and Constituting the Board of Administration, Respondents (Santa Rosa County Case).
• Court: Florida Supreme Court

177 So. 878

130 Fla. 219

STATE of Florida ex rel. H. V. DIAMOND, Thomas Ates, J. H. Thompkins, Gus Neison, and W. W. Harrison, as and Constituting Board of County Commissioners of Santa Rosa County, Florida, Petitioners v. Fred P. CONE, as Governor of the State of Florida, J. M. Lee, as Comptroller of the State of Florida, W. V. Knott, as Treasurer of the State of Florida, as and Constituting the Board of Administration, Respondents (Santa Rosa County Case).

Florida Supreme Court

October 6, 1937

En Banc.

COUNSEL

John T. Wigginton, of Milton, for petitioners.

J Velma Keen, of Tallahassee, and A. Frank O'Kelley, Jr. of Perry, for respondent Lee.

Pleus Williams & Pleus, of Orlando, amici curiae.

OPINION

TERRELL Justice.

The facts in this case are in point with those in the companion case of State ex rel. A. L. Wilson et al., as Board of County Commissioners of Gadsden County, v. Fred P. Cone, J. M. Lee, andW. V. Knott et al., as State Board of Administration(Fla.)178 So. 869, decided this date.The act relied on, chapter 17972, Acts 1937, is the same type of act and operates in the same manner as chapter 17042, and chapter 17034, Acts 1935, relied on in the companion case of State ex rel. J. R. Mayo et al., as Board of County Commissioners of Calhoun County, v. J. M. Lee et al.(Fla.)177 So. 876, decided this date.

The basis of classification being similar, what we said in the foregoing styled cases and the case of State ex rel. C.J. Harrell et al., as Board of County Commissioners of Washington County, v. Fred P. Cone, J. M. Lee, andW. V. Knott, et al., as State Board of Administration(Fla.)177 So. 854, decided this date, is conclusive of all questions raised in this case.

The motion to quash the alternative writ is accordingly granted, with leave to amend the alternative writ.

It is so ordered.

WHITFIELD and CHAPMAN, JJ., concur.

ELLIS, C.J., and BROWN and BUFORD, JJ., concur specially.

CONCURRING

BUFORD J. (concurringspecially).

I concur in the judgment stated at the conclusion of the opinion prepared by Mr. Justice TERRELL, but it is my view that this case is in all respects like the case of State ex rel. A. L. Wilson et al. v. Fred P. Cone et al.(Fla.)178 So. 869, decided at this term, and therefore, because of the reasons stated for the conclusion reached by me in that case, I think the alternative writ here should be quashed, with leave to the relators to amend so as to come within the purview of the provisions of chapter 15659, Acts 1931(...