JOHN T. GUNN, PETITIONER,
v.
F. M. ROBLES, AS JUDGE OF THE CIRCUIT COURT OF HILLSBOROUGH COUNTY, FLORIDA, AND S. T. WOODWARD, RESPONDENT
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 held that a statutory election contest procedure for county officers did not extend to county commissioners, thus prohibiting a circuit judge from hearing a primary election contest for that office.
No, the statutory procedure for contesting primary election results, by referencing general election contest laws, does not grant authority to contest the nomination of a county commissioner because the specific statute governing county officer election contests does not include county commissioners.
“all contests over the results of a primary election shall be determined according to the law applicable to like contests over the results of a general election.”
This quote establishes the statutory basis for how primary election contests are to be handled.
Previewing 1 of 3 key quotes on this case — the court’s exact language, pinpointed for members.
Join FLexlaw to unlock all legal intelligenceA rule was issued to a circuit judge to show cause why he should not be prohibited from entertaining jurisdiction of a statutory contest over the resu…
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 Writ Of Prohibition cases and more on FLexlaw
— A rule was issued herein to show cause why the circuit judge should not be prohibited from entertaining jurisdiction of a statutory contest over the result of a primary election for the nomination of a county commissioner.
Under Section 416, (359) Comp. Gen. Laws, 1927, “all contests over the results of a primary election shall be determined according to the law applicable to like contests over the results of a general election.”
Section 444 (379) provides that “the election of any person to the office of county judge,” and other specified county officers, not including county commissioners, “may be contested before the circuit court of the county” in stated statutory proceedings.
Where a particular remedy is conferred by statute it can be invoked only to the extent and in the manner prescribed. The words “like contests” as used in Section 416 have reference to the authority and procedure defined by Section 444.
*818As there is under Section 444 no áuthority for a statutory contest of the election of a county commissioner there is under Section 416 no authority for a statutory contest of the nomination of a county commissioner in a primary election.
A writ of prohibition awarded.
Terrell, C. J., and Whitfield, Ellis, Strum, Brown and Buford, J. J., concur.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
-
Am. Home Assurance Co. v. Plaza Materials Corp., 908 So. 2d 360 (Fla. 2005)…right of action for damages based upon an alleged violation of its requirements”); Mantooth v. Richards, 557 So. 2d 646, 646 (Fla. 4th DCA 1990) (holding that a violation of a criminal statute did not afford a civil remedy); see also Gunn v. Robles, 100 Fla. 816, 130 So. 463, 463 (1930) (“Where a particular remedy is conferred by statute, it can be invoked only to the extent and in the manner prescribed.”); Sylvester v. City of Delray Beach, 584 So. 2d 214, 215 (Fla. 4th DCA 1991) (holding that the exclusiv…
-
City OF Miami v. Cosgrove, 516 So. 2d 1125 (Fla. 3d DCA 1987)…ff'd, 15 N.Y.2d 718, 256 N.Y.S.2d 929, 205 N.E. 2d 196 (1965) (administrative remedy for alleged religious discrimination was exclusive; no action for compensatory damages would be inferred in absence of legislative intent); see also Gunn v. Robles, 100 Fla. 816, 817, 130 So. 463, 463 (1930) (“Where a particular remedy is conferred by statute, it can be invoked only to the extent and manner prescribed.”); Department of Professional Regulation v. Florida Society of Professional Land Surveyors, 475 So. 2d 939…
-
Kinzel v. City OF N. Miami, 212 So. 2d 327 (Fla. 3d DCA 1968)…The purpose of the statute is not to supersede proceeding by quo war-ranto, but is to afford a simple and speedy means of contesting elections to stated offices.” Farmer v. Carson, 110 Fla. 245, 148 So. 557, 559. Also, in the case of Gunn v. Robles, 100 Fla. 816, 130 So. 463, commenting on the statute, the Supreme Court said: “Where a particular remedy is conferred by statute, it can be invoked only to the extent and in the manner prescribed.” Compare Griffin v. Knoth, Fla. 1953, 67 So. 2d 431, in which it…