State Ex Rel. Gibson v. City of Lakeland
| Decision Date | 30 November 1936 |
| Citation | 171 So. 227,126 Fla. 342 |
| Parties | STATE ex rel GIBSON v. CITY OF LAKELAND et al. |
| Court | Florida Supreme Court |
Original proceeding in mandamus by the State, on the relation of W. B Gibson, against the City of Lakeland, to coerce respondent to levy a tax. On demurrer to the return and motion for issuance of peremptory writ, return notwithstanding.
Peremptory writ awarded on condition.
COUNSEL Smith & Petteway, of Lakeland, and Waller & Pepper and B. A. Meginniss, all of Tallahassee, for relator.
Carver & Langston and William K. Love, all of Lakeland, for respondents.
This was an original proceeding in mandamus to coerce the City of Lakeland, Fla., through its proper officials, to levy and assess sufficient millage against all the taxable property in the City of Lakeland which was subject to taxation at the time the bonds involved were issued sufficient to produce a sum of money sufficient to satisfy and pay off the bonds described in the petition.
The alternative writ further commands respondent W. F. Reid, as tax collector of said City of Lakeland, to collect and pay off to relator the money collected from the taxes so levied and assessed for the relator's bonds aforesaid.
This court has consistently declined to include in an original peremptory writ coercing the levy and assessment of taxes an order to the tax collector to collect and pay over the moneys derived from such levy and assessment.
The return shows that pursuant to ordinances duly passed known as the appropriation and tax levy ordinances for the fiscal year beginning October 1, 1936, and ending October 1, 1937 assessments have been made, tax statements have been sent out to taxpayers, tax books have been made up and spread, and the proceeds of a portion of the taxes have been received. It is alleged in effect that to command a...
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State ex rel. Hawkins v. Board of Control
...Harbor v. State, 1939, 136 Fla. 636, 187 So. 173, State ex rel. Carson v. Bateman, 131 Fla. 625, 180 So. 22; State ex rel. Gibson v. City of Lakeland, 126 Fla. 342, 171 So. 227; State ex rel. Bottome v. City of St. Petersburg, 126 Fla. 233, 170 So. 730. The relator then filed a petition for......
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State ex rel. Hawkins v. Board of Control
...v. State, 1939, 136 Fla. 636, 187 So. 173. See also State ex rel. Carson v. Bateman, 131 Fla. 625, 180 So. 22; State ex rel. Gibson v. City of Lakeland, 126 Fla. 342, 171 So. 227; State ex rel. Bottome v. City of St. Petersburg, 126 Fla. 233, 170 So. It is our opinion that, both under the e......
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State ex rel. Robert L. Turchin, Inc. v. Herin
...Harbor v. State, 1939, 136 Fla. 636, 187 So. 173; State ex rel. Carson v. Bateman, 131 Fla. 625, 180 So. 22; State ex rel. Gibson v. City of Lakeland, 126 Fla. 342, 171 So. 227; State ex rel. Bottome v. City of St. Petersburg, 126 Fla. 233, 170 So. 730. If the issuance of the writ will not ......