BOARD OF SUPERVISORS OF THE ENGLEWOOD WATER DISTRICT AND ENGLEWOOD WATER DISTRICT, A POLITICAL SUBDIVISION OF THE STATE OF FLORIDA, APPELLANTS,
v.
STATE OF FLORIDA EX REL. ENGLEWOOD BEACH MOBILE HOME PARK, INC., APPELLEE

Fla. 2d DCA | 1969-05-21
No. 68-628
LILES, C. J., and HOBSON and PIERCE, JJ., concur.
223 So. 2d 48 Florida District Court of Appeal, Second District (1969) Positive Treatment
Cited by 3 cases

Opinion of the Court
PER CURIAM.

PER CURIAM.

Appellants have appealed the decision of the trial court making its alternative writ of mandamus peremptory and commanding that appellants permit appellee to connect to appellants’ water system. The trial judge rendered this decision because he found that appellants had been totally arbitrary in their refusal to allow appellee to so connect. We concur and affirm.

LILES, C. J., and HOBSON and PIERCE, JJ., concur.


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  • Stokes v. State, 914 So. 2d 514 (Fla. 4th DCA 2005)
    …“gangs, choices, you will hear about this Defendant Gilbert Stokes, also known as David.” It is clear from the transcript that any objection at this point would have been futile based on the trial judge’s prior ruling. See Daly v. Colonnades, Inc., 223 So. 2d 48, 50 n. 1 (Fla. 4th DCA 1969) (determining an objection would have been futile once an objection to a similar question was made and overruled). Despite the State’s assurances that evidence of Stokes’s membership in DUF would demonstrate a motive for…
  • City of Miami Beach v. 3098 Alton Rd., LLC, 40 Fla. L. Weekly D2232 (Fla. 3d DCA 2020)
    …related to that service.”). A writ of mandamus, therefore, may lie to compel the provision or resumption of utility services in such circumstances. Bd. of Supervisors of Englewood Water Dist. v. State ex rel. Englewood Beach Mobile Home Park, Inc., 223 So. 2d 48, 48 (Fla. 2d DCA 1969) (affirming mandamus where appellants “had been totally arbitrary in their refusal to allow appellee to . . . connect [with water system]”); see also City of Gainesville v. Gainesville Gas & Elec. Power Co., 62 So. 919, 920 (F…

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