Warren v. State ex rel. Four Forty, Inc.

CourtUnited States State Supreme Court of Florida
Writing for the CourtMATHEWS; ROBERTS
Citation76 So.2d 485
Decision Date17 December 1954
PartiesDan 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.

Page 485

76 So.2d 485
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.
Supreme Court of Florida, Special Division A.
Dec. 17, 1954.

Thomas T. Cobb, Daytona Beach, for appellants.

Horn & Ossinsky, Louis Ossinsky, Sr., and Norton Josephson, Daytona Beach, for appellee.

MATHEWS, Justice.

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.

Page 486

On November 12, 1954, a final judgment was entered which...

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3 practice notes
  • Conner v. Mid-Florida Growers, Inc., MID-FLORIDA
    • United States
    • Court of Appeal of Florida (US)
    • March 31, 1989
    ...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 State Bank, 5......
  • Sheley v. Florida Parole Com'n, No. 97-1659
    • United States
    • Court of Appeal of Florida (US)
    • December 31, 1997
    ...at law, a final judgment on a complaint for writ of mandamus is reviewable by appeal. See, e.g., Warren v. State ex rel Four Forty, Inc., 76 So.2d 485 (Fla.1954); City of Miami Beach v. State ex rel Pickin' Chicken of Lincoln Road, Inc., 129 So.2d 696 (Fla. 3d DCA 1961); Conner v. Mid-Flori......
  • Volusia County v. Eubank, Nos. D-319 and D-241
    • United States
    • Court of Appeal of Florida (US)
    • July 12, 1962
    ...court upon the case, and a direction to the clerk to enter judgment.' The Supreme Court later recognized this ruling in Warren v. State, 76 So.2d 485 (1954), pointing out that the issuance of the peremptory writ 'was simply a ministerial duty of the On the authority of the last two cited de......
3 cases
  • Conner v. Mid-Florida Growers, Inc., MID-FLORIDA
    • United States
    • Court of Appeal of Florida (US)
    • March 31, 1989
    ...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 State Bank, 5......
  • Sheley v. Florida Parole Com'n, No. 97-1659
    • United States
    • Court of Appeal of Florida (US)
    • December 31, 1997
    ...at law, a final judgment on a complaint for writ of mandamus is reviewable by appeal. See, e.g., Warren v. State ex rel Four Forty, Inc., 76 So.2d 485 (Fla.1954); City of Miami Beach v. State ex rel Pickin' Chicken of Lincoln Road, Inc., 129 So.2d 696 (Fla. 3d DCA 1961); Conner v. Mid-Flori......
  • Volusia County v. Eubank, Nos. D-319 and D-241
    • United States
    • Court of Appeal of Florida (US)
    • July 12, 1962
    ...court upon the case, and a direction to the clerk to enter judgment.' The Supreme Court later recognized this ruling in Warren v. State, 76 So.2d 485 (1954), pointing out that the issuance of the peremptory writ 'was simply a ministerial duty of the On the authority of the last two cited de......

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