Opinion

State Ex Rel. Hand v. McDonald

  • 154 Fla. 456
  • 18 So. 2d 16
  • 1944 Fla. LEXIS 732
Court
Supreme Court of Florida
Filed
May 12, 1944
Status
Published
Author
Buford
On the bench
Terrell, Chapman, Adams, Sebring, Brown, Thomas, Buford
Cited by
1 cases
Authority
More cited than 37.4%

The opinion

BUFORD, C. J.,

concurring specially:

I concur in the judgment of affirmance in this cause for the reason that I think the Court is without jurisdiction to review the action of the Governor and the Senate as taken in the removal of an officer except to determine whether or not jurisdictional grounds for removal were charged against the officer. See Hardie v. Coleman, 115 Fla. 119 , 155 So. 129 .

In this case the record shows that the jurisdictional ground of drunkenness was charged, the record showing that the Governor during the session of the Legislature recom

*464

mended to the Senate that Hand be removed from office upon the ground that he had been guilty of drunkenness during his then term of office; that the Senate acted upon the recom-menation of the Governor and consented tó the removal of Hand on the ground stated, satisfied the Constitution in this regard, drunkenness being a grofind for removal under Section 15 of Article IV of the Constitution. See also State v. Ledwith, 14 Fla. 220 , and State v. Johnson, 30 Fla. 499 , 11 So. 855 .

The appeal is from order sustaining demurrer to alternative writ. It therefore follows that the judgment should be affirmed.

TERRELL, CHAPMAN, ADAMS and SEBRING, JJ., concur.

This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.

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