# Martin v. Dade Muck Land Co.

> Supreme Court of Florida · March 26, 1928 · 95 Fla. 530

URL: https://www.frixlaw.com/law-library/cases/3385488

## Case

- **Full name:** John W. Martin, as Governor of the State of Florida; Ernest Amos, as Comptroller of the State of Florida; J. C. Luning, as Treasurer of the State of Florida; Fred H. Davis, as Attorney General of the State of Florida, and Nathan Mayo, as Commissioner of Agriculture of the State of Florida; And John W. Martin, Ernest Amos, J. C. Luning, Fred H. Davis and Nathan Mayo, as Board of Commissioners of Everglades Drainage District, a Corporation Created and Existing Under the Laws of the State of Florida; And John W. Martin, Ernest Amos, J. C. Luning, Fred H. Davis and Nathan Mayo, as Trustees of the Internal Improvement Fund of the State of Florida, Appellants, v. Dade Muck Land Company, a Florida Corporation, Appellee; John W. Martin, as Governor; Ernest Amos, as Comptroller; John C. Luning, as Treasurer; Fred H. Davis, as Attorney General, and Nathan Mayo, as Commissioner of Agriculture, of the State of Florida, as and Constituting the Board of Commissioners of Everglades Drainage District, Appellants, v. M. B. Garris Properties, Inc., a Corporation Organized and Existing Under the Laws of Florida, and W. L. Shoemaker, Appellees
- **Court:** Supreme Court of Florida
- **Decided:** March 26, 1928
- **Citations:** 95 Fla. 530; 116 So. 449
- **Precedential status:** Published
- **Opinion:** Addendum
- **Judges:** Brown, Buford, Ellis, Strum, Terrell, Whitfield
- **Cited by:** 69 later opinions in the Frix Law Library

## Citator (automated)

- No negative treatment found by the automated citator. That is not the same as a confirmation that the case is good law; read the citing cases.
- Full citator and citing cases: https://www.frixlaw.com/law-library/cases/3385488

## How later opinions describe it (automated extraction)

- observing that, "[i]n the absence of a flagrant abuse of legislative power or of purely arbitrary legislative action, which invades organic property rights, the state may by statute establish drainage district and tax lands therein for local improvements; and none of such land…

## Opinion text

Where the equitable relief prayed for is predicated upon alleged invalidity of a statute as an entirety and the statute is held to be valid in its essential provisions, the relief prayed may be denied or a demurrer to the bill of complaint may be sustained, even though separable portions of the statute be judicially eliminated as invalid, where the valid portions of the Act may be made effectual and in law negative the asserted equity.
Affirmed.

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Source: Frix Law Library, https://www.frixlaw.com/law-library/cases/3385488. Public record. Not legal advice.