Judges: PER CURIAM. —
Attorneys: J. C. Durrance and Charles C. Howell, for Plaintiff in Error;
Cockrell Cockrell, for Defendant in Error.
Filed: Nov. 28, 1933
Latest Update: Mar. 02, 2020
Summary: This was an action at law by Doyle E. Carlton, as Governor of the State of Florida, for the use of Duval County, against the Fidelity Deposit Company of Maryland, upon an official bond given by Frank Brown, as Clerk of the Circuit Court for Duval County, with Defendant in Error as surety, to recover moneys paid to, received and retained by him as such Clerk of the Circuit Court and as Clerk of the Board of County Commissioners of Duval County, in the year 1929, he having received and retained, a
Summary: This was an action at law by Doyle E. Carlton, as Governor of the State of Florida, for the use of Duval County, against the Fidelity Deposit Company of Maryland, upon an official bond given by Frank Brown, as Clerk of the Circuit Court for Duval County, with Defendant in Error as surety, to recover moneys paid to, received and retained by him as such Clerk of the Circuit Court and as Clerk of the Board of County Commissioners of Duval County, in the year 1929, he having received and retained, as..
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My views on the basic question in this case are quite clearly indicated by my special concurring opinion in State ex rel.
Redavats v. Brown, 100 Fla. 409, 129 So. 782, and in my dissenting opinion in Orange County v. Robinson, 149 So. 604, but the law on this question was settled by the opinion and decision in the last named case adversely to the views expressed by me in my dissenting opinion, and Judge LOVE in preparing the above opinion for the Court is of course justified in following the decision of the Court in that case. While I have not changed my personal views, I deem the question settled by the decision in the case referred to, and therefore concur in the foregoing opinion.
