State Ex Rel. Collins v. Rogers

Supreme Court of Florida July 28, 1939

State Ex Rel. Collins v. Rogers, 190 So. 701 (Fla. 1939)

139 Fla. 557; 1939 Fla. LEXIS 1702

Terrell, Whitfield, Buford, Chapman, Thomas, Brown, Compiled, Laws, Rules

Opinion of the Court

Per Curiam.

In mandamus proceedings the alternative writ was quáshed September 6, 1938. A writ of error was taken March 6, 1939, which was not “within six months from the date of” the order quashing the alternative writ. Sec. 4619 C. G. L. Simmons v. Hanne, 50 Fla. 267, 39 So. 77, 7 Ann. Cas. 322. The order quashing the alternative writ is not a final judgment. State ex rel. Rhodes v. Goodson, et al., Liberty County Commissioners, 65 Fla. 475, 62 So. 481.

The writ of error is dismissed.

Terrell, C. J., and Whitfield, Buford, Chapman and Thomas, J. J., concur. Justice Brown not participating as authorized by Section 4687, Compiled General Laws of 1927, and Rule 21-A of the Rules of this Court.

Reference

Full Case Name: State Ex Rel. Mrs. S. R. Collins, S. Varn, and D. O. Carson as Members of the Board of Trustees of Special Tax School District No. 1 of Hernando County v. J. M. Rogers, as Chairman and Member of the Board of Public Instruction of Hernando County, Jay Jernigan and Roy Mountain as Members and Constituting the Board of Public Instruction of Hernando County.
Cited By: 3 cases
Status: Published