Legal Opinion · Dissent

State v. Allen

Supreme Court of Florida

Decided January 19, 1937Published

1DissentDavis, J.

(dissenting). — This Court has definitely committed itself to the doctrine that when an officer is elected for'a new term (or is appointed by the Governor and confirmed by the Senate) and a new commission issued to him, that such officer may not be suspended pursuant to Section 15 of Article IV for causes arising prior to- the commission held by the officer at the time of the suspension. See: Advisory Opinion to Governor Gilchrist, 64 Fla. 168, 60 Sou. Rep. 337.

It has been held that the executive order of suspension must set forth facts that bear a reasonable relation .to the charges upon…

2Cases cited13 opinions

  1. Humphrey's v. United StatesSupreme Court of the United States · 1935
  2. State Ex Rel. Hardie v. ColemanSupreme Court of Florida · 1934
  3. Keenan v. PerryTexas Supreme Court · 1859
  4. State v. McGarryWisconsin Supreme Court · 1867
  5. Washington v. StateSupreme Court of Florida · 1923

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