Warren v. State ex rel. Four Forty, Inc.
| Decision Date | 17 December 1954 |
| Citation | 76 So.2d 485 |
| Parties | Dan R. WARREN, J. H. Long, Jr., William B. Coursen, A. M. McCarthy, John R. Tamm, as and constituting the City Commission of the City of Daytona Beach, a municipality organized and existing under the laws of the State of Florida, and John R. Tamm, as Mayor Commissioner thereof, Leroy F. Harlow, as City Manager of said City of Daytona Beach, Rhea B. Mordt, as City Clerk of said City of Daytona Beach, M. D. Dreka, as City License Officer of said City of Daytona Beach, and The City of Daytona Beach, a municipality organized and existing under the laws of the State of Florida, Appellants, v. STATE ex rel. FOUR FORTY, Inc., Appellee. |
| Court | Florida Supreme Court |
Thomas T. Cobb, Daytona Beach, for appellants.
Horn & Ossinsky, Louis Ossinsky, Sr., and Norton Josephson, Daytona Beach, for appellee.
The notice of appeal in this case is from 'the peremptory writ of mandamus entered in the above styled cause on the 12th day of November, A.D. 1954'. The appellee filed (1) motion to advance the cause on the ground that one of the appellants is a municipality organized and existing under the Laws of the State of Florida, and that an early decision is necessary for the enforcement and protection of the public and to avoid the embarrassment of the governmental function of said municipality, (2) motion to dismiss the appeal on the grounds (a) that the appeal is without merit, (b) the appeal is improperly taken, and (c) that it is not taken in good faith, and (3) motion to quash on the ground that the appeal is frivolous and taken for the purpose of delay.
The appellee filed a petition for an alternative writ of mandamus which was granted, ordering an application for transfer of the license to sell alcoholic beverages for use at the appellee's place of business in the City of Daytona Beach, Florida, or to show cause on a certain date what reason, if any, for the failure of the appellants to do so. Motion to quash the alternative writ was denied and the appellants then filed a return to the alternative writ. In and by the return the sole question presented for determination was the validity of a certain ordinance of the city which was contrary to the State Beverage Law, F.S.A. § 561.01 et seq.
Thereupon, a motion to strike the return and a motion for peremptory writ of mandamus notwithstanding the return was filed. On November 12, 1954, a final judgment was entered which contained the following:
On the same day peremptory writ was issued by the Clerk as ordered in and by said final judgment.
It appears that on two prior separate occasions...
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...labor in this proceeding except for enforcement where necessary, and is therefore a final, appealable order. 6 Warren v. State ex rel. Four Forty, Inc., 76 So.2d 485 (Fla.1954). We therefore proceed as if appellate review had been sought by filing a notice of appeal. See Johnson v. Citizens......
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