THE STATE OF FLORIDA, EX REL. RUFUS D. ROWE AND JAMES W. BARRETT, PARTNERS DOING BUSINESS AS R. D. ROWE & CO., PLAINTIFF IN ERROR,
v.
JAMES P. MARTIN, COUNTY JUDGE OF MADISON COUNTY, FLORIDA, DEFENDANT IN ERROR

Fla. | 1902-01-01
44 Fla. 175 Florida Supreme Court (1902) Positive Treatment
Cited by 6 cases

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Synopsis

The Florida Supreme Court dismissed a writ of error concerning a mandamus proceeding for a business license because the license period had expired, rendering the appeal moot.

Holding

The court held that the appeal should be dismissed because the time during which the license would have been operative has expired, making it fruitless to pass on the merits.

Key Quotes

“The time during which such license would have remained operative, if issued, has long since expired.”

This quote establishes the primary reason for dismissing the appeal.

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Facts & Procedural History

Relators sought a business license via mandamus, but the county judge denied their application. The Circuit Court overruled a demurrer to the judge's …

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Topics
Mandamus Proceeding Mootness Doctrine Mandamus

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Opinion of the Court
Per Curiam.

Per Curiam.

This cause was referred by the court to its commissioners who report that the writ of error ought to be dismissed.

The writ of error is sued out from a judgment of the Circuit Court of Madison county, rendered on September 10th, 1897, in a proceeding by mandamus to require the defendant in error, as County Judge of Madison county, to issue to the relators a license to carry on, conduct and manage a mercantile business in said county and State.

An alternative writ issued and defendant in error filed his answer, to which a demurer was interposed. The court overruled the demurer, denied the application for peremptory writ ánd adjudged that defendant in error go without day.

The time during which such license would have remained operative, if issued, has long since expired. It would, therefore, be fruitless to pass on the merits of the case on this writ of error, and it will, therefore, be dismissed. Broward v. Duval Athletic Club, 39 Fla. 751, 23 South. Rep. 489; State ex rel. Vereen v. Commissioners of Marion County, 27 Fla. 438, 8 South. Rep. 849.

Cases With Similar Vibessemantic neighbors from the corpus

Citator

Cited By

  • Galvin v. Davidson, 48 Fla. 75 (Fla. 1904)
    …missed, and it is, therefore, hereby ordered and adjudged that the said cause be, and the same is hereby, dismissed, at the cost of the plaintiffs in error. State ex rel. Vann v. Martin, 47 Fla. 223, 36 South. Rep. 362; State ex rel. Rowe v. Martin, 44 Fla. 175, 32 South. Rep. 926; Broward v. Duval Athletic Club, 39 Fla. 751, 23 South. Rep. 489; State ex rel. Vereen v. Commissioners of Marion County, 27 Fla. 438, 8 South. Rep. 749. Shackleford, Cockrell, Hocker and Whitfield, JJ., concur. Carter, J., abs…
  • Hogan v. State of Fla. ex rel. G. W. Williams, 86 Fla. 361 (Fla. 1923)
    …mstances, according to the well established rule here as elsewhere, the writ of error must be dismissed. Galvin v. Davidson, 48 Fla. 75, 37 South. Rep. 575; State ex rel. Vann v. Martin, 47 Fla. 223, 36 South. Rep. 362; State ex rel. Rowe v. Martin, 44 Fla. 175, 32 South. Rep. 926; Broward v. Duval Athletic Club, 39 Fla. 751, 23 South. Rep. 489; State ex rel. Vereen v. Commissioners Marion County, 27 Fla. 438, 8 South. Rep. 749. Dismissed. Whitfield, P. J., and Terrell, J., concur. Taylor, C. J., and El…
  • The State of Florlda ex rel. R. F. Vann v. Martin, 47 Fla. 223 (Fla. 1904)
    …uring which such license would have remained operative, if issued, has long since expired. It would, therefore, be fruitless to pass on the merits of the case on this writ of error, and it will, therefore, be dismissed. State ex rel. Rowe v. Martin, 44 Fla. 175, 32 South. Rep. 926, and authorities there cited. PIocker, Cockrell, Shackleford, Whitfield and Carter, JJ., concur. Taylor, C. J., absent on account of sickness.…

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