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112 Fla. 596

150 So 716

Platt v. Ross

Supreme Court of Florida

Decided November 9, 1933

Supreme Court of Florida · decided 1933-11-09

Relies on State Ex Rel. Landis v. Tedder

Good law ✅— No negative treatment on recordhow we know

Decided 1933-11-09

How this case has been cited

Cited by 3 later decisions — most recently December 1982

3 state decisions

10193319401950196019701980decided

Later decisions citing this case, by decade. The current decade is in progress, and our corpus holds fewer opinions from the most recent years, so the latest bars are undercounted — not a real decline.

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Per Curiam.

¶1 In this case the order of the Circuit Court denying a temporary injunction and granting defendant’s motion to dismiss the complainant’s bill of complaint, as amended, is reversed on authority of State ex rel. Landis v. Tedder, 106 Fla. 140, 143 Sou. Rep. 148, wherein it is said:

¶2 “Authority for recall of officer must rest on substantial compliance with statutory provisions authorizing recall.”

¶3 The bill of complaint in this case, as amended, sets up sufficient facts, if proved,, to show that the recall proceedings attempted to be carried out against the complainant, Harry E. Platt, one of the City Commissioners of the City of Miami, do not rest on substantial compliance with Sections 12 and 12-A of Chapter 10847, Acts of 1925, Laws of Florida, thé City Charter of Miami, in that, among other things, the petition blanks for the proposed removal were *597 not on printed forms furnished as required by the statute,- and that in other particulars the statute was not substantially' complied with. The allegations of the bill, if established by proofs, entitle the complainant to an injunction against the proposed recall proceedings about to be launched against the complainant by action of the defendant City Clerk, s'o there-is equity in the,bill. Hence the motion to dismiss same should have been overruled and temporary injunction granted pending the final hearing.

¶4 The orders appealed from are reversed with directions to overrule the motion to dismiss the amended bill of complaint, grant the temporary injunction applied for, permit an answer to be filed and have such further proceedings as may be according to equity practice and not inconsistent with this opinion.

¶5 Reversed with directions.

Davis, C. J., and Whitfield, Terrell, Brown and Buford, J. J., concur. Ellis, J., not participating.
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