126 Fla. 546 | Fla. | 1936
Lead Opinion
Under the writ of error we are asked to review final judgment awarding peremptory writ of mandamus.
The only question presented for our determination is as stated by the plaintiff in error, as follows:
"Whether it is error for the Court to order alternative and peremptory writs of mandamus requiring the levy of a tax to pay the relator's claim `taking into consideration the usual percentage of taxes paid during the year.'"
The question must be determined adversely to the contention of plaintiff in error on authority of the opinion and judgment in the case of State, ex rel. Gillespie, v. Baskin, et al.,
This case is to be distinguished from the case of State, exrel. Havana State Bank, v. Rodes,
It follows that the judgment should be affirmed and it is so ordered.
Affirmed.
ELLIS, P.J., and TERRELL and BUFORD, J.J., concur.
WHITFIELD, C.J., and DAVIS, J., concur in the opinion and judgment.
Dissenting Opinion
As I see it, the effect of the statutes relating to the City of Sarasota is that in making up the budget they should be governed by the laws applicable to County Commissioners. Hence the principle stated in the Rodes case, above cited, should apply. *548
