STATE, EX REL. JOHN B. GARRETT, ET AL., CONSTITUTING THE BOARD OF COUNTY COMMISSIONERS OF JACKSON COUNTY,
v.
J. M. LEE, AS COMPTROLLER, THE STATE ROAD DEPARTMENT, ARTHUR B. HALE, AS CHAIRMAN, AND W. M. MILES, AS SECRETARY OF THE STATE ROAD DEPARTMENT
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.
This case, a companion to a prior decision, involved a dispute over the proper party to sue regarding road construction funds. The court found the motion to quash an alternative writ should be denied, aligning with its previous ruling on a similar case.
The motion to quash the alternative writ is denied. The court's decision is controlled by its prior ruling in a companion case with similar facts and legal questions.
“This is a companion case to State of Florida, ex rel. O. J. Harrell, et al., as Board of County Commissioners of Washington County, v. Fred P. Cone, J. M. Lee, and W. V. Knott, et al., as State Board of Administration, decided this date.”
Establishes the relationship of this case to a prior, controlling decision.
Previewing 1 of 3 key quotes on this case — the court’s exact language, pinpointed for members.
Join FLexlaw to unlock all legal intelligenceThe Board of County Commissioners of Jackson County sued the Comptroller and the State Road Department, seeking to compel the use of certain funds for…
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.
This is a companion case to State of Florida, ex rel. O. J. Harrell, et al., as Board of County Commissioners of Washington County, v. Fred P. Cone, J. M. Lee, and W. V. Knott, et al., as State Board of Administration, decided this date. The factual situation and the questions raised are not materially different in the two cases. The State Road Department is made a party defendant in the instant case instead of the State Board of Administration. If the funds involved had passed into the hands of the State Road Department, it was properly made a party defendant, but under the law, Chapter 15659, they were *218•credited to the State Road License Fund to be used by the .State Road Department as sopn as practicable to construct ■’roads in the county. If they were in the hands of the State .Board of Administration, it should have been made a party.
Under the situation presented, this. question perhaps becomes immaterial. The Act relied on, Chapter 17053, Acts of 1935, the questions raised, and the facts involved being similar to are concluded by what we said in State of Florida, ex rel. O. J. Harrell, et al., as Board of County Commissioners of Washington County, v. Fred P. Cone, J. M. Lee, and W. V. Knott, et al., as State Board of Administration.
The motion to quash the alternative writ is accordingly denied.
It is so ordered.
Whitfield and Chapman, J. J., concur.
Ellis, C. J., and Brown and Buford, J. J., dissent.
(dissenting-).—I dissent from the opinion.and judgment prepared by Mr. Justice Terrell herein for the reasons stated in the dissenting opinion prepared by me in the1 case of State, ex rel. O. J. Harrell, et al., constituting the Board of County Commissioners of Washington County, Florida, et al., v. Fred P. Cone, J. M. Lee, and W. V. Knott, as and constituting the Board of Administration of the State of Florida, etc., filed at this Term of the Court.
Ellis, C. J., and Brown, J. concur.
Buford, J.
(dissenting-).—I dissent from the opinion.and judgment prepared by Mr. Justice Terrell herein for the reasons stated in the dissenting opinion prepared by me in the1 case of State, ex rel. O. J. Harrell, et al., constituting the Board of County Commissioners of Washington County, Florida, et al., v. Fred P. Cone, J. M. Lee, and W. V. Knott, as and constituting the Board of Administration of the State of Florida, etc., filed at this Term of the Court.
Ellis, C. J., and Brown, J. concur.