State Ex Rel. Garrett v. Lee
| Decision Date | 06 October 1937 |
| Citation | 130 Fla. 217,177 So. 877 |
| Court | Florida Supreme Court |
| Parties | STATE ex rel. GARRETT et al. v. LEE, State Comptroller, et al. (Jackson County Case). |
Original mandamus proceeding by the State of Florida, on the relation of John B. Garrett and others, constituting the Board of County Commissioners of Jackson County, against J. M. Lee, as Comptroller of the State of Florida, and others.
Motion to quash alternative writ of mandamus denied; the court being equally divided.
COUNSEL B. L. Solomon, of Marianna, for relators.
J Velma Keen, of Tallahassee, A. Frank O'Kelley, Jr., of Perry, and Richard P. Daniel, of Jacksonville, for respondents.
Pleus Williams & Pleus, of Orlando, amici curiae.
This is a companion case to State of Florida ex rel. O. J. Harrell et al., as Board of County Commissioners of Washington County, v. Fred P. Cone, J. M. Lee, and W. V. Knott et al., as State Board of Administration (Fla.) 177 So. 854, decided this date. The factual situation and the questions raised are not materially different in the two cases. The State Road Department is made a party defendant in the instant case instead of the State Board of Administration. If the funds involved had passed into the hands of the State Road Department, it was properly made a party defendant, but under the law, chapter 15659, Acts 1931 (Ex.Sess.), they were credited to the State Road License Fund to be used by the State Road Department as soon as practicable to construct roads in the county. If they were in the hands of the State Board of Administration, it should have been made a party.
Under the situation presented, this question perhaps becomes immaterial. The act relied on, chapter 17053, Acts 1935, the questions raised, and the facts involved being similar are concluded by what we said in State of Florida ex rel. O. J. Harrell et al., as Board of County Commissioners of Washington County, v. Fred P. Cone, J. M. Lee, and W. V. Knott, et al., as State Board of Administration.
The motion to quash the alternative writ is accordingly denied.
It is so ordered.
DISSENTING
I dissent from the opinion and judgment prepared by Mr. Justice TERRELL herein, for the reasons stated in the dissenting opinion prepared by me in the case of State ex rel. O. J Harrell et al., Constituting the Board of County Commissioners of...
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State Ex Rel. Harrell v. Cone
...of Florida, and others. Motion to quash alternative writ of mandamus denied, the court being equally divided. See, also, State ex rel. Mayo v. Lee, 177 So. 876, State ex rel. Garrett v. Lee, 177 So. 877; ex rel. Diamond v. Cone, 177 So. 878, State ex rel. Wilson v. Cone 178 So. 869. BUFORD ......
- State Ex Rel. Wilson v. Cone
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State Ex Rel. Mayo v. Lee
...Acts 1937, chapter 17972, Acts 1937, and other acts which we have upheld in this series of cases. State v. Cone, 177 So. 854; State v. Lee, 177 So. 877; State v. 178 So. 869; Id., 177 So. 878. The attempted classification was superfluous, and neither the letter or spirit of the Constitution......