Judges: PER CURIAM.
Attorneys: L.R. Milton, C.C. Howell and Austin Miller, for Relator;
George M. Powell and George C. Bedell, for Respondent.
Filed: Nov. 28, 1938
Latest Update: Mar. 02, 2020
Summary: It has been made to appear by an alternative writ of mandamus that the relator, Austin Miller, was appointed to the office of City Attorney of the City of Jacksonville by the City Commissioners thereof and was confirmed by an affirmative two-thirds vote of the members of the City Council of Jacksonville, as required by its Charter, to fill an unexpired term of a former City Attorney; and in December, 1925, the relator, Austin Miller, again was appointed by the City Commission to the office of Ci
Summary: It has been made to appear by an alternative writ of mandamus that the relator, Austin Miller, was appointed to the office of City Attorney of the City of Jacksonville by the City Commissioners thereof and was confirmed by an affirmative two-thirds vote of the members of the City Council of Jacksonville, as required by its Charter, to fill an unexpired term of a former City Attorney; and in December, 1925, the relator, Austin Miller, again was appointed by the City Commission to the office of Cit..
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On petition for rehearing it is suggested that this Court overlooked and failed to consider Section 122 of the Charter of the City of Jacksonville as being the controlling statute and that the common law of England is not applicable. The thought or idea intended to be conveyed by statements in the original opinion was that there does not exist a statute, general in its application, in force in Florida that controls the point in issue.
The fact that no Florida statute of general application existed in Florida made it necessary for this Court to resort to the rules of common law as a guide in the construction
and interpretation of Section 122, supra, of the Charter of the City of Jacksonville.
Careful consideration has been given each ground appearing in the petition for rehearing. The same is hereby denied.
TERRELL, C.J., and WHITFIELD, BROWN, BUFORD and CHAPMAN, J.J., concur.
