THE STATE OF FLORLDA EX REL. R. F. VANN, PLAINTIFF IN ERROR,
v.
JAMES P. MARTIN, COUNTY JUDGE, DEFENDANT IN ERROR
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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. The court declined to rule on the merits due to the passage of time.
The court held that it would not rule on the merits of the case because the time during which the license would have been operative had long since expired, making the appeal fruitless.
“The time during which such license would have remained operative, if issued, has long since expired.”
Establishes the factual basis for the court's decision.
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Join FLexlaw to unlock all legal intelligenceRelator sought a writ of mandamus to compel the county judge to issue a license for a mercantile business. An alternative writ was issued, and the cou…
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Per Curiam.
— The writ of error is sued out from a judgment of the Circuit Court of Madison county, rendered on November 18th, 1908, in a proceeding by mandamus to require the defendant in error, as county judge of Madison county, to issue to the relator 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, whereupon relator moved for a peremptory writ. The court denied said application and ordered that the proceedings in said cause be dismissed.
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. 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.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
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Galvin v. Davidson, 48 Fla. 75 (Fla. 1904)…well established rule here, as elsewhere, the cause must be dismissed, 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…
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Hogan v. State of Fla. ex rel. G. W. Williams, 86 Fla. 361 (Fla. 1923)…now would be entirely barren of any results. Under these circumstances, 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. Wh…
Authorities Cited
- State v. Martin, 44 Fla. 175 (Fla. 1902)