State Ex Rel. Williams v. Whitman
| Decision Date | 03 October 1933 |
| Citation | 150 So. 136,116 Fla. 196 |
| Parties | STATE of Florida ex rel. J. Hod WILLIAMS, Appellant v. Alton B. WHITMAN et al., as Florida State Board of Dental Examiners, Appellees. |
| Court | Florida Supreme Court |
A case of original jurisdiction--mandamus.
R. J. Duff and Whitaker Brothers, all of Tampa, for appellant.
McKay, Withers & Ramsey, of Tampa, for appellees.
This case is before us on motion to quash alternative writ of mandamus.
On consideration of the motion, the court being advised of its opinion in the premises, and having considered briefs and arguments therein submitted by the respective parties, it is now ordered and adjudged that the motion to quash be, and the same is hereby, overruled and denied, and respondents are allowed fifteen days from this date in which to file answer, return, or other pleading as they may be advised.
It is so ordered.
ELLIS, J., not participating.
My ground of dissent is that in my opinion the nature of this case was such that the proper remedy was by writ of certiorari and not by mandamus.
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