Opinion
Opinion Filed October 28, 1933. Rehearing Denied November 23, 1933.
A case of original jurisdiction. — Mandamus.
P. H. Odum, for Relator;
Austin Miller and Emmet Safay, for Respondents.
This cause having been submitted to the Court upon a motion to quash the alternative writ of mandamus issued herein, and the same having been duly considered, it is ordered and adjudged that the said motion to quash be and the same is hereby granted.
DAVIS, C. J., and WHITFIELD, ELLIS, TERRELL, BROWN and BUFORD, J. J., concur.
Since McEwen, the present relator, was not the successful relator in mandamus who prevailed prior to the time the last ordinance was passed, I concur in the holding that Aiken v. Davis, 106 Fla. 675, 143 So.2d 658, does not necessarily apply to this case.
BROWN, J., concurs.