STATE OF FLORIDA, ON RELATION OF WILLIAM CANNON, RELATOR,
v.
R. T. JOUGHIN, AS SHERIFF OF HILLSBOROUGH COUNTY, FLORIDA, RESPONDENT
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The Florida Supreme Court denied a motion for a peremptory writ of mandamus, upholding the sheriff's discretion in approving bail bonds. The court found that the sheriff's stated willingness to approve a proper bond meant the relator's request for a writ was premature.
No, the peremptory writ of mandamus was denied because the sheriff stated he would approve a proper bail bond, making the relator's request for the writ unnecessary at that time.
“if a bail bond executed by one or more good and sufficient sureties, whethér the same are individual persons, or a qualified bonding company, con [*692] ditioned for the appearance of the relator before the Criminal Court of Record for Hillsborough County, Florida, at 9 o’clock in the forenoon, on Thursday, February 20th, A. D. 1930, and from day to day and from term to term, that he will approve the same and release the relator in conformity with the command of the said alternative writ of mandamus, it is thereupon ordered by the Court that the said motion' for a peremptory writ of mandamus be and the same is hereby denied.”
This quote details the sheriff's stated willingness to approve a proper bond and the court's subsequent denial of the peremptory writ.
William Cannon, the relator, sought a writ of mandamus to compel the sheriff to approve his bail bond and release him. The sheriff had averred in his …
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Per Curiam.
This cause coming on to be heard upon motion of counsel for relator for a peremptory writ of mandamus notwithstanding the answer and return filed by the respondent and same having been duly considered, and the respondent having averred in his return to the alternative writ issued herein that if a bail bond executed by one or more good and sufficient sureties, whethér the same are individual persons, or a qualified bonding company, con ditioned for the appearance of the relator before the Criminal Court of Record for Hillsborough County, Florida, at 9 o’clock in the forenoon, on Thursday, February 20th, A. D. 1930, and from day to day and from term to term, that he will approve the same and release the relator in conformity with the command of the said alternative writ of mandamus, it is thereupon ordered by the Court that the said motion' for a peremptory writ of mandamus be and the same is hereby denied.
Terrell, C. J., and Whitfield, Ellis, Strum, Brown and Buford, J. J., concur.