STATE EX REL. VAN C. SWEARINGEN, ATTORNEY GENERAL, PLAINTIFF IN ERROR,
v.
THOMAS B. PUCKETT, ET AL, AS THE BOARD OF COUNTY COMMISSIONERS OF TAYLOR COUNTY, FLORIDA, DEFENDANTS IN ERROR
AI-generated. These summaries, headnotes, and key points are machine-generated and may contain errors or omissions. Always verify against the full opinion text below. Not legal advice.
The Florida Supreme Court reviewed a case where the Attorney General sought a writ of mandamus against County Commissioners for allegedly arbitrary reductions in property valuations. The court found the lower court erred in dismissing the writ and ordered further proceedings.
The court held that the trial court erred in dismissing the alternative writ of mandamus on demurrer. The court indicated that the writ, even if imperfectly framed, could be amended, or a peremptory writ could be awarded if the allegations were not controverted.
“An alternative writ of mandamus alleges arbitrary and unauthorized action of the County Commissioners in ordering reductions to be made in the assesed valuations of practically all of the property in the county, and that because the Tax Assessor refused to comply with such illegal action, the County Commissioners refuse to approve and certify to the tax books.”
This quote summarizes the core allegations made in the alternative writ of mandamus that formed the basis of the lawsuit.
Previewing 1 of 2 key quotes on this case — the court’s exact language, pinpointed for members.
Join FLexlaw to unlock all legal intelligenceThe Attorney General filed an alternative writ of mandamus against the Board of County Commissioners. The writ alleged the Commissioners acted arbitra…
The full statement of facts, procedural history, and disposition for this case are member content.
Join FLexlaw to unlock all legal intelligence© FLexlaw, Inc. — AI-generated enrichments are proprietary. All rights reserved.
Explore caselaw by topic → Browse Tax Assessment Valuation cases and more on FLexlaw
Per Curiam.
An alternative writ of mandamus alleges arbitrary and unauthorized action of the County Commissioners in ordering reductions to be made in the assesed valuations of practically all of the property in the county, and that because the Tax Assessor refused to comply with such illegal action, the County Commissioners refuse to approve and certify to the tax books. The writ then in effect commanded the County Commissioners to proceed with their duties with reference to the authentication of the tax books.
The alternative writ was dismissed on demurrer. Writ of error was taken.
While the command of the alternative writ may not be correctly framed, it may-be- amended, or if the allegations of the alternative writ are not controverted an appropriate peremptory writ may be awarded.
Reversed for appropriate proceedings.
Taylor, Wi-iitfield and West, J. J., concur. Ellis, J., dissents.