JOYNER v. SHUMAN

Nos. 1576, 1577.

116 So.2d 470 (1959)

R. Tom JOYNER, William O. Cooper, Jr., Clarence O. Fisher and Wendell H. Watson, Individually and As Members of the City Commission of the City of Lakeland, Florida, Appellants, v. L.R. SHUMAN, As City Clerk of the City of Lakeland, Florida, and Gay Murphy, As Acting City Clerk of the City of Lakeland, Florida, and Roy H. McArthur, Morris Pritchard, T.E. Holcom and John R. Phillips, Appellees. R. Tom JOYNER, Jr., William O. Cooper, Jr., Clarence O. Fisher and Wendell H. Watson, Wilbur Y. Wooten, Mac H. Cunningham and R.H. Gibson, As City Commissioners of the City of Lakeland, Florida, Appellants, v. Roy H. McARTHUR, Morris Pritchard, T.E. Holcom and John R. Phillips, Appellees.

District Court of Appeal of Florida. Second District.

Rehearing Denied December 11, 1959.


Attorney(s) appearing for the Case

Macfarlane, Ferguson, Allison & Kelly, Tampa, and Robert T. Miller, City Atty., Lakeland, for appellants.

Bryant, Martin & Kibler, Lakeland, for appellees.


PER CURIAM.

The above captioned cases, a suit for declaratory decree, number 1576, and a mandamus action, number 1577, were consolidated for trial before the lower court and likewise consolidated on appeal for purposes of the record, briefs, and oral argument before this court. Due to the brevity of time, since the recall election concerned in these cases was ordered for the 17th day of November, 1959, this order is necessarily limited in its statements. In due course...

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