Judges: PER CURIAM. —
Attorneys: Gregory Towles, for Relator;
Noah E. Butt, for Respondents.
Filed: Nov. 23, 1933
Latest Update: Mar. 02, 2020
Summary: Respondents, County Commissioners, Tax Assessor and Clerk of the Circuit Court of Brevard County, have made return to the alternative writ of mandamus issued herein setting up certain defensive grounds to justify their refusal to revise their budget and perform the acts necessary to have a tax levied for the payment of the principal and interest of certain bonds issued under the name and seal of the Board of County Commissioners of Brevard County on behalf of Special Road and Bridge District No.
Summary: Respondents, County Commissioners, Tax Assessor and Clerk of the Circuit Court of Brevard County, have made return to the alternative writ of mandamus issued herein setting up certain defensive grounds to justify their refusal to revise their budget and perform the acts necessary to have a tax levied for the payment of the principal and interest of certain bonds issued under the name and seal of the Board of County Commissioners of Brevard County on behalf of Special Road and Bridge District No. ..
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It having been made to appear to this Court by the special suggestion of respondents that the requirement of the alternative writ in this case is the levy of taxes pursuant to an amended budget for the fiscal year 1933, which year has long since expired, and that the issuance of a peremptory writ in accordance with the alternative writ, as now framed, would result in needless confusion and disorder in the taxing processes of Brevard County, it is, upon consideration of the premises, considered, ordered and adjudged that the award of a peremptory writ of mandamus, pursuant to relator's motion in this cause, shall be and the same is hereby conditioned upon the making
by the relator of an appropriate amendment to the alternative writ to the effect that the matters and things required to be done and performed by respondents shall apply to the 1934 budget instead of the 1933 budget. See State, ex rel. Ben Hur Life Assn. v. Binney, 113 Fla. 250, 151 So. 420; State, exrel. Klemm v. Baskin, 111 Fla. 667, 150 So. 517.
So ordered.
DAVIS, C. J., and WHITFIELD, TERRELL and BUFORD, J. J., concur.
