City of Daytona Beach v. State Ex Rel. Clegg

167 So. 415, 123 Fla. 470

• Court: Supreme Court of Florida
• Decided: March 23, 1936
• Status: Published

Opinion

Per Curiam.

The writ of error from a judgment awarding peremptory writ of mandamus requiring respondents, City of Daytona Beach and its officers, to levy taxes for the payment of certain delinquent “Improvement Bonds.”

The judgment should be affirmed on authority of the opinion and judgment in the case of City of Palmetto v. Klemm, 108 Fla. 455, 146 Sou. 588, without prejudice, however, to the amendment of the alternative writ and the peremptory writ so as to make the same apply to the current assessment roll and to the present officers of the respondent municipality.

So ordered.

Affirmed.

Ellis, P. J., and Terrell and Buford, J. J., concur. Whitfield, C. J., and Brown and Davis, J. J., concur in the opinion and judgment.