Opinion

Winter v. Mack

  • 142 Fla. 1
  • 194 So. 225
  • 1940 Fla. LEXIS 1311
Court
Supreme Court of Florida
Filed
Feb 23, 1940
Status
Published
Author
Brown
On the bench
Chapman, Terrell, Whitfield, Buford, Brown, Thomas
Cited by
5 cases
Authority
More cited than 37.7%

quo warranto issued because public defender did not have authority to file class action on behalf of juveniles in federal court

How later courts described this case

  • quo warranto issued because public defender did not have authority to file class action on behalf of juveniles in federal court

Written by the judges who cited it.

The opinion

Brown, J. (dissenting).

It appears to me that there is no adequate remedy at law in this case, and that the court below was correct in denying the motion to dismiss the bill. Furthermore, I think a court of equity has power to determine the legal existence of an office in a csae of this kind. See 21 C. J. 50; Sections 5446, 5447 C. G. L.; McSween v. State Live Stock Sanitary Board, 97 Fla. 749 , 122 So. 244 .

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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