State Ex Rel. 400 Bar Inc. v. City of Miami

Supreme Court of Florida

State Ex Rel. 400 Bar Inc. v. City of Miami

28 So. 2d 335, 158 Fla. 330, 1946 Fla. LEXIS 578

Supreme Court of Florida·Decided November 29, 1946·Published

Opinion

BUFORD, J.:

This appeal brings for review an Order and Judgment denying motion for peremptory writ of mandamus notwithstanding the answer or return of the respondent.

The controlling questions in this case are the same as those which were presented in the case of City of Miami v. State ex rel., Shehan, opinion filed October 22, 1946, not yet reported, in which rehearing was denied on November 12th, 1946.

On authority of our opinion and judgment in the Shehan case, supra, the order and judgment appealed from is affirmed. So ordered.

TERRELL, BROWN and ADAMS, JJ., and BARNS, Circuit Judge, Concur. CHAPMAN, C. J., and THOMAS, J., not participating.

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BUFORD, J.:

This appeal brings for review an Order and Judgment denying motion for peremptory writ of mandamus notwithstanding the answer or return of the respondent.

The controlling questions in this case are the same as those which were presented in the case of City of Miami v. State ex rel., Shehan, opinion filed October 22, 1946, not yet reported, in which rehearing was denied on November 12th, 1946.

On authority of our opinion and judgment in the Shehan case, supra, the order and judgment appealed from is affirmed. So ordered.

TERRELL, BROWN and ADAMS, JJ., and BARNS, Circuit Judge, Concur. CHAPMAN, C. J., and THOMAS, J., not participating.

State Ex Rel. 400 Bar Inc. v. City of Miami, 28 So. 2d 335, 158 Fla. 330, 1946 Fla. LEXIS 578 (Fla. 1946).

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