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

Supreme Court of Florida November 29, 1946

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

158 Fla. 330; 1946 Fla. LEXIS 578

Buford, Terrell, Brown, Adams, Barns, Chapman, Thomas

Opinion of the Court

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.

Reference

Full Case Name: State of Florida, Upon Relation on 400 Bar Inc., a Florida Corporation v. City of Miami, Florida, a Municipal Florida Corporation.
Status: Published