FRED P. CONE, J. M. LEE AND W. V. KNOTT, AS MEMBERS OF AND CONSTITUTING THE STATE BOARD OF ADMINISTRATION,
v.
STATE EX REL. WOMAN'S BENEFIT ASSOCIATION OF PORT HURON, MICHIGAN
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The Florida Supreme Court affirmed a lower court's judgment awarding a peremptory writ of mandamus. The court found no reversible error in the lower court's denial of a motion to vacate the judgment after the respondents failed to file a timely return to the alternative writ.
No, the lower court did not err in denying the motion to vacate the judgment. The respondents' tendered return was insufficient, and the judgment was properly entered due to their failure to comply with the court's order.
“In this case judgment was entered awarding peremptory writ of mandamus against respondents upon failure to file return to alternative writ, as required by order of court.”
Describes the initial judgment and the respondents' failure to comply with the court's order.
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Join FLexlaw to unlock all legal intelligenceA judgment was entered awarding a peremptory writ of mandamus against the respondents. The respondents failed to file a return to the alternative writ…
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In this case judgment was entered awarding peremptory writ of mandamus against respondents upon failure to file return to alternative writ, as required by order of court.
Some ten days after the judgment was entered respondents filed motion praying that judgment be vacated and set aside. With the motion was tendered a return signed by the Attorney General and an Assistant to the Attorney General and sworn to by a clerk in' the office of the State Treasurer.
The allegations of the return were insufficient to constitute a valid defense to the alternative writ of mandamus.
*737The motion wás overruled and denied.
No reversible error appears. So the judgment is affirmed.
So ordered.
Affirmed.
Terrell, C. J., and Buford and Thomas, J. J., concur.
Whitfield, P. J., concurs in opinion and judgment.
Justices Brown and Chapman not participating as authorized by Section 4687, Compiled General Laws of 1927, and Rule 21-A of the Rules of this Court.