STATE EX REL. P. S. OLIVER
v.
CITY OF NEW PORT RICHEY
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 dismissed a writ of mandamus seeking to compel a city to levy taxes for bond payments, finding that factual issues required testimony that the supreme court was not equipped to take.
The Florida Supreme Court held that it lacked the facilities to take testimony on factual issues raised in the return to the writ of mandamus and that the case should be heard in a lower court.
“In the return to the writ it is made to appear that testimony may have to be taken upon issues of fact tendered.”
This quote establishes the factual basis for the court's decision to dismiss the writ.
Previewing 1 of 2 key quotes on this case — the court’s exact language, pinpointed for members.
Join FLexlaw to unlock all legal intelligenceRelators sought a writ of mandamus from the Florida Supreme Court to compel the City of New Port Richey to assess and collect taxes to pay matured mun…
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 Municipal Bonds cases and more on FLexlaw
The alternative writ of mandamus herein was issued by this Court requiring the assessment and collection of taxes to pay matured municipal bonds that have been put in judgment, or to show cause for not doing so.
' In the return to the writ it is made to appear that testimony may have to be taken upon issues of fact tendered.
*515Relators have filed a motion to strike and demurrer to the return', without determining the matters presented by such motion to strike and demurrer to the return, the alternative writ is dismissed without prejudice to an application to the circuit court which has facilities for taking testimony in litigated cases.
The alternative writ is dismissed without prejudice.
Whitfield, P. J., and Brown and Chapman, J. J., concur.
Terrell, C. J., concurs in opinion and judgment.
Justices Buford and Ti-iomas not participating as authorized by Section 4687, Compiled General Laws of 1927, and Rule 21-A of the Rules of this Court.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
-
DOE v. White, 687 So. 2d 59 (Fla. 5th DCA 1997)…service of process while attending court and for a reasonable time before and after going to court and in returning to their homes. Rorick v. Chancey, 130 Fla. 442, 453, 178 So. 112, 116 (1937), vacated on other grounds on rehearing, 142 Fla. 290, 195 So. 418 (1939). In Lamb v. Schmitt, 285 U.S. 222, 225, 52 S.Ct. 317, 318, 76 L.Ed. 720 (1932), the Court discussed the purpose behind the immunity rule: The general rule that witnesses, suitors, and their attorneys, while in attendance in connection with t…