State Ex Rel Gillespie v. Mobley
| Decision Date | 08 December 1932 |
| Citation | 144 So. 840 |
| Parties | ___Fla.___ STATE of Florida ex relatione J. W. GILLESPIE, L. F. Rodgers, and James G. Martin, Relators v. Marion F. MOBLEY, Chairman, L. F. Durrance, John Swain, Sr., F. H. Baggott, and Alex Thompson, as and Constituting the Board of County Commissioners of Okeechobee County, Florida, J. H. Walker, Jr., as Tax Assessor of Okeechobee County, Florida, R. H. Alderman, as Tax Collector of Okeechobee County, Florida, J. L. Barber, as Clerk of the Board of County Commissioners of Okeechobee County, Florida, Respondents. |
| Court | Florida Supreme Court |
Vocelle & Mitchell, of Vero Beach, and H. A. Lasseter, of Orlando, for relators.
R. E. Hamrick, of Okeechobee, for respondents.
Alternative writ of mandamus was issued in this cause September 23, 1932, returnable October 3d. On October 24th, respondents filed their motion to quash the alternative writ on the ground that the return thereto would develop issues of fact requiring the taking of testimony which this court has no facilities for, and has consistently declined to do.
November 21st, the motion to quash was denied, with leave to file a return within fifteen days (144 So. 839), and, if issues of fact were raised thereby requiring the taking of testimony, respondents would then be permitted to invoke their motion to quash.
The return has been filed, and it raises no questions of law not heretofore determined by the decisions of this court; but it raises issues of fact on which testimony will have to be taken, but which can much more conveniently and economically be taken by the circuit court.
The motion to quash will therefore be granted on authority of State of Florida ex rel. Watkins v. Fernandez, 143 So. 638, decided September 27, 1932, with leave to relators to pursue their remedy in the circuit court.
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