MEIKLEJOHN v. STATE EX REL. SCURRY

No. I-504.

206 So.2d 39 (1968)

Don MEIKLEJOHN, As Director of State Beverage Department of the State of Florida, Successor in Office to Ren Morris, Appellant, v. STATE of Florida ex rel. Ernest SCURRY, Appellee.

District Court of Appeal of Florida. First District.

Rehearing Denied February 8, 1968.


Attorney(s) appearing for the Case

Thomas F. Woods, Tallahassee, for State Beverage Department. Peeples & Smith, Tallahassee, amicus curiae.

Stanley, Durrance, Woods & Wines, Lakeland, for appellee.


JOHNSON, Judge.

This is an appeal from an Order granting a peremptory writ of mandamus in favor of the appellee and against the appellant.

The question involved here, plainly stated, is whether or not a beverage license issued for a location within a city pursuant to a population figure based upon an unconstitutional annexation statute and which, except for the annexation would, exceed the legally authorized licenses for such city, should be cancelled or not...

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