# State Ex Rel. Chalmers v. Sholtz

> Supreme Court of Florida · November 4, 1935 · 121 Fla. 514

URL: https://www.frixlaw.com/law-library/cases/3385615

## Case

- **Full name:** State, Ex Rel. L. P. Chalmers, v. David Sholtz, J. M. Lee and W. v. Knott, as and Constituting the Board of Administration of the State
- **Court:** Supreme Court of Florida
- **Decided:** November 4, 1935
- **Citations:** 121 Fla. 514; 163 So. 926; 1935 Fla. LEXIS 1609
- **Precedential status:** Published
- **Opinion:** Opinion of the court by Davis
- **Judges:** Davis, Whitfield, Terrell, Brown, Buford
- **Cited by:** 1 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/3385615

## Opinion text

Davis, J.
Judgment was rendered in this case in the Circuit Court of Leon County on May 6, 1935, refusing relator below a peremptory writ of mandamus against the State Board of Administration (Chapter 14486, Acts 1929). The facts and circumstances of this case are similar to those brought for review here in the case of State,
ex rel.
Andrews, v. Sholtz, Governor, 120 Fla. 423 , 162 Sou. Rep. 865 (Opinion filed July 8, 1935), which last mentioned case was decided by this Court subsequent to the judgment below in this case.
The Circuit Judge ruled against plaintiff in error in this case on the same theory of law that he ruled against the plaintiff in error in the case of State,
ex rel.
Andrews, v.
*515
Sholtz,
supra.
Since the judgment rendered on that theory was held erroneous in the last cited case, it must likewise be held erroneous in this case, which is an analogous view of the applicable law.
Therefore, upon the authority of State,
ex rel.
Andrews, v. Sholtz, supra; the judgment in this case is reversed and the cause remanded for further proceedings not inconsistent with, the opinion in the case last referred to.
Reversed.
Whitfield, C. J., and Terrell, Brown and Buford, J. J., concur.

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Source: Frix Law Library, https://www.frixlaw.com/law-library/cases/3385615. Public record. Not legal advice.