State ex rel. Davis v. Milledge

Supreme Court of Florida
State ex rel. Davis v. Milledge, 88 So. 2d 909 (Fla. 1956)
Connell, Drew, Hobson, Roberts, Terrell, Thomas, Thornal

State ex rel. Davis v. Milledge

Opinion of the Court

PER CURIAM.

The relators are the “six tenants” described in our opinion filed this date in South Dade Farms, Inc., v. Peters, Fla., 88 So.2d 891. By their petition for an alternative writ of mandamus which has heretofore been issued, they attack the injunction decree of June 5, 1953, described in the companion case above cited on the ground that it is totally void because of alleged lack of indispensable parties to the cause.

We have this day quashed the contempt order under attack by our opinion in the companion case of Alger v. Peters, Fla., 88 So.2d 903. In view of our decision in the companion case, the question raised by the petitions for the alternative writ therefore becomes moot and the mandamus proceedings are hereby dismissed without passing upon the merits thereof.

DREW, C. J., and TERRELL, THOMAS, HOBSON and THORNAL, JJ., concur. ROBERTS and O’CONNELL, JJ., not participating.

Reference

Full Case Name
STATE of Florida ex rel. Jefferson DAVIS, Relators v. Stanley MILLEDGE, as Circuit Judge of the Eleventh Judicial Circuit In and for Dade County, Florida, Frederick C. Peters and Berenice Todd Peters, Respondents STATE of Florida ex rel. Mason W. ALGER, Relator v. Stanley MILLEDGE, as Circuit Judge of the Eleventh Judicial Circuit in and for Dade County, Florida, Frederick C. Peters and Berenice Todd Peters
Cited By
2 cases
Status
Published