Accursio v. Harris

By this appeal, the appellants seek review of a peremptory writ of mandamus directing them, as City Commissioners of the City of Florida City, Florida, to call a recall election pursuant to the provisions of the City Charter.

It appears from the record that upon the return date, as set in the alternative writ, the respondents filed a return and a motion to quash and/or dismiss the alternative writ. Following a hearing thereon, the trial court denied the motion to quash and/or dismiss, struck the return, and issued the peremptory writ. The appellants have taken this appeal and urge error in…