STATE OF FLORIDA ON THE RELATION OF MARCUS A. KYLE AS CHAIRMAN OF THE REPUBLICAN EXECUTIVE COMMITTEE OF DADE COUNTY, FLORIDA, RELATOR,
v.
CLAUDE R. BROWN, AS SUPERVISOR OF REGISTRATION OF METROPOLITAN DADE COUNTY, FLORIDA, RESPONDENT

Fla. 3d DCA | 1964-10-08
No. 64-719
Before BARKDULL, C. J., and CARROLL and HENDRY, JJ.
167 So. 2d 904 Florida District Court of Appeal, Third District (1964) Caution
Cited by 1 case

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Holding

The court held that the relator's motions were moot or could not be granted, and the alternative writ of mandamus was quashed.


Facts & Procedural History

Relator sought a writ of mandamus to remove an elector's name due to mental illness adjudication. The respondent removed the elector's name before the…

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Opinion of the Court
PER CURIAM.

PER CURIAM.

Relator, as Chairman of the Republican Executive Committee, Dade County, Florida, applied to this court for the issuance of an alternative writ of mandamus commanding the Honorable Claude R. Brown, as Supervisor of Registration of Metropolitan Dade County to strike the name of Charles Patrick English from the registration books pursuant to § 98.201, Fla.Stat.,1 F.S.A. The grounds stated in the petition were that the elector, Charles Patrick English has become disqualified to vote by reason of the adjudication by the Probate Court for the County *906of Ingham, State of Michigan, that he is mentally ill and is a fit person for care and treatment at Kalamazoo State Hospital in Michigan.

The alternative writ was issued commanding said Supervisor of Registration forthwith to serve Charles Patrick English with notice to show cause why his name should not be removed from the registration books of Dade County and to otherwise comply with § 98.201, Fla.Stat, F.S.A. with respect to said elector or in the alternative to show cause, if any he may have, before this court, on the 11th day of September, 1964 why a peremptory writ of mandamus should not issue herein.

The respondent in his duly filed return moved to quash the alternative writ on the grounds that he had complied with the last paragraph of §§ 98.201 and 98.081, Fla.Stat., F.S.A., and that the name of Charles Patrick English has been removed from the registration books.

There is merit in respondent’s motion to quash the writ in that it has been made to appear that the elector’s name has ■been removed from the registration books, and that by reason thereof the respondent has already done by way of an alternative method, that which relator sought by mandamus. Therefore, the question has been rendered moot.

We are next called upon to consider the relator’s motion for leave to amend the alternative writ of mandamus. By the proposed amendment, relator seeks to compel the respondent to declare a vacancy in the nomination of Republican Candidate (Charles Patrick English) for the office of Member of the Board of Public Instruction, Group 2, at large, in Dade County, Florida.

This motion must be denied because there is no showing that this respondent could grant the requested relief.2

The alternative writ of mandamus is quashed, and the relator’s motions for peremptory writ and leave to amend are denied.


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