# State Ex Rel. Bauder v. Markle

> Supreme Court of Florida · July 6, 1932 · 107 Fla. 742

URL: https://www.frixlaw.com/law-library/cases/3394904

## Case

- **Full name:** State of Florida, Ex Rel., J. F. Bauder, Plaintiff in Error, vs. Frank Markle, Defendant in Error
- **Court:** Supreme Court of Florida
- **Decided:** July 6, 1932
- **Citations:** 107 Fla. 742; 142 So. 822
- **Precedential status:** Published
- **Opinion:** Dissent by Brown
- **Judges:** Terrell, Btjford, Ellis, Davis, Brown
- **Cited by:** 13 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/3394904

## Opinion text

Brown, J.,
Dissenting. — As I understand this record, neither the charter nor the ordinances of the City of Miami, nor any statute of the State, create any such office or franchise as Superintendent of Yacht Docks of the City of Miami. The relatoh was merely an employee of the City, holding a position or employment under the Director of Public Service, which city officer, thus designated, was by the city charter placed in charge of and made responsible for the maintenance and operation of all the city’s docks and anchorage basins. I am inclined to the view that the Circuit Judge was correct in holding that the relator was an employee rather than an officer and that no such office or franchise is involved in this case as can be made the subject of quo warranto proceedings. State ex rel. Clyatt v. Hocker, 39 Fla. 477 , 22 So. 721 ; State ex rel. Holloway v. Sheats, 78 Fla. 583 , 83 So. 508 ; Dade County v. State, 95 Fla. 465 , 116 So. 72 ; 46 C. J. 928; 23 Am. & Eng. Encyc. of Law, 601, 632.

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Source: Frix Law Library, https://www.frixlaw.com/law-library/cases/3394904. Public record. Not legal advice.