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STATE v. TOWN OF DAVIE

No. 30779.

127 So.2d 671 (1961)

STATE of Florida, on the relation of George K. WINTON and Margery A. Winton, husband and wife, Petitioners, v. TOWN OF DAVIE, an abortive municipal corporation of Broward County, Florida; J. Kenneth King, Mayor of said Town of Davie; Richard A. Griffin, Charles W. Osborne, Glenn S. Sutliff, Edward Viele, Larry Winklehake, Aldermen constituting the Town Council of said Town of Davie, Respondents.

Supreme Court of Florida.

Rehearing Denied March 21, 1961.

Attorney(s) appearing for the Case

Carl A. Hiaasen of McCune, Hiaasen, Crum & Ferris, Fort Lauderdale, for petitioners.

John D. Steele of Steele & Springer, Hallandale, for respondents.

THORNAL, Justice.

By an original proceeding for a writ of quo warranto petitioners attack the validity of the incorporation of the Town of Davie in Broward County.

We are at the outset confronted by a jurisdictional problem which precludes our consideration of the merits of the controversy.

By the petition it is alleged that certain citizens attempted to incorporate the Town of Davie under Chapter 165, Florida Statutes, F.S.A. It is in sum contended...

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