Howard Johnson, Inc. v. State Road Department
Cases that cite this one
8 later published cases cite this decision.
- Couse v. Canal Authority (Fla. Dist. Ct. App. 1967)
- Georgia Southern & Florida Railway Co. v. Duval Connecting Railroad (Fla. Dist. Ct. App. 1966)
- Izquierdo v. Miramar Motors, Inc. (Fla. Dist. Ct. App. 1963)
- City of Dania v. Central & So. Florida Flood Con. Dist. (Fla. Dist. Ct. App. 1961)
- Gottlieb v. Town of Surfside (Fla. Dist. Ct. App. 1959)
- Board of Com'rs of State Inst. v. TALLAHASSEE B. & T. CO. (Fla. Dist. Ct. App. 1958)
- Board of Comm'rs of State Inst. v. TALLAHASSEE B. & T. CO. (Fla. Dist. Ct. App. 1958)
- State Road Department v. Nobles (Fla. 1957)
This list shows which later cases cite this one. It does not say how they treated it, and no review of that has been done. Not a substitute for Shepard’s or KeyCite — verify before relying.
Opinion of the Court
This is a condemnation proceeding wherein the petitioner herein was defendant in the circuit court. In its answer Howard Johnson, Inc., attempted to create an issue on the necessity for taking. At the threshold we are impelled to observe that this is a type of common law action in which in all probability we would grant “special dispensation” and entertain the petition for certiorari if the answer or those portions of it which were stricken were sufficient to establish such an issue.
We agree, however, with the able circuit judge that the attempt to make such an issue was abortive. Although replete with conclusions that there is no necessity for the taking, the answer fails to allege sufficient facts to create an issue upon that subject. Consequently we must, and do hereby, deny the petition for certiorari.
Certiorari denied.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.