STATE OF FLORIDA, EX REL. THE CRUMMER COMPANY, A CORPORATION ORGANIZED AND EXISTING UNDER THE LAWS OF THE STATE OF DELAWARE,
v.
JAMES M. LEE, J. EDWIN LARSON, AND J. TOM WATSON, AS AND CONSTITUTING THE FLORIDA SECURITIES COMMISSION

Fla. | 1943-10-29
BUFORD, C. J., BROWN, CHAPMAN, THOMAS, ADAMS and SEBRING, JJ., concur.
153 Fla. 642 Florida Supreme Court (1943)
Also reported at: 15 So. 2d 442

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Synopsis

The Florida Supreme Court granted a peremptory writ of mandamus, compelling the Florida Securities Commission to register The Crummer Company as a dealer in municipal securities. The court found that the Commission's denial of registration, based on a prior alleged violation of the Securities Act, was improper.


Holding

No, the Florida Securities Commission did not properly deny registration. The court granted a peremptory writ of mandamus to compel the registration.


Key Quotes

“Here the Crummer Company seeks to coerce the Florida Securities Commission by mandamus to register it as a dealer in municipal securities as required by the Florida Securities Act, Section 517.16, Florida Statutes of 1941.”

Establishes the nature of the action and the relief sought by The Crummer Company.

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Facts & Procedural History

The Crummer Company sought registration as a dealer in municipal securities under the Florida Securities Act. The Florida Securities Commission denied…

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Opinion of the Court
TERRELL, J.:

TERRELL, J.:

This is a companion case to State of Florida, ex rel. Watson v. The Crummer Company, Fla. 15 So. (2nd) 441, decided this date. Here the Crummer Company seeks to coerce the Florida Securities Commission by mandamus to register it as a dealer in municipal securities as required by the Florida Securities Act, Section 517.16, Florida Statutes of 1941. In its return to the alternative writ, it is alleged that respondents denied relator’s request for registration on the sole ground that it had violated the Florida Securities Act by entering into the contract with the City of Inverness, more specifically described in the companion case. The return is tested by a demurrer and a motion to strike designated paragraphs. The demurrer is sustained and the motion to strike is granted on authority of State of Florida, ex rel. Watson v. The Crummer Company, decided this date. Peremptory writ is granted.

It is so ordered.

BUFORD, C. J., BROWN, CHAPMAN, THOMAS, ADAMS and SEBRING, JJ., concur.


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