TAPPY v. STATE


82 So.2d 161 (1955)

Thomas N. TAPPY, Appellant, v. STATE of Florida, by Richard W. Ervin, as Attorney General of said State, on the Relation of John S. BYINGTON, Relator, Appellee.

Supreme Court of Florida. En Banc.

Rehearing Denied September 12, 1955.


Attorney(s) appearing for the Case

Bedell & Bedell, Jacksonville, for appellant.

Richard W. Ervin, Atty. Gen., Howard S. Bailey and Fred M. Burns, Asst. Attys. Gen., Thomas T. Cobb, Melvin Orfinger and Frank L. Pyle, Daytona Beach, for appellee.


SEBRING, Justice.

The Attorney General of Florida, on the relation of John S. Byington, brought this quo warranto proceeding to determine whether or not the appellant, Thomas N. Tappy, was entitled to hold the office of county judge of Volusia County, Florida. The information in the cause was filed on January 27, 1955. On the return day Tappy moved to quash the information and with said motion filed his answer. Tappy's motion to quash the information was denied and...

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