Opinion

Hays v. State Ex Rel. Logan

  • 133 Fla. 800
  • 183 So. 474
Court
Supreme Court of Florida
Filed
Aug 2, 1938
Status
Published
On the bench
Ellis, Whitfield, Brown, Buford, Chapman, Terrell
Cited by
0 cases

The opinion

On Petition for Rehearing.

Per Curiam.

—The order heretofore made affirming the judgment awarding the peremptory writ of mandamus is adhered to, but is modified to the extent of permitting the court below to entertain, consider and rule upon an appli

*802

cation by the defendant County Judge, if seasonably made to the trial court, to set aside said judgment awarding the peremptory writ and allow him to file within such time as the court may see fit, an amended and more specific answer or return to the alternative writ, the sufficiency of such amended answer or return to be subject to be tested and ruled upon in accordance with the established procedure in mandamus proceedings.

Rehearing denied, and judgment of affirmance adhered to, but modified as above stated, and cause remanded.

Ellis, C. J., and Whitfield, Terrell, Brown, Buford and Chapman, J. J., 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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