Legal Opinion · Concurrence

State Ex Rel. Hand v. McDonald

Supreme Court of Florida

Decided May 12, 1944Published

1ConcurrenceBuford, C. J.

I concur in the judgment of affirmance in this cause for the reason that I think the Court is without jurisdiction to review the action of the Governor and the Senate as taken in the removal of an officer except to determine whether or not jurisdictional grounds for removal were charged against the officer. See Hardie v. Coleman, 115 Fla. 119, 155 So. 129.

In this case the record shows that the jurisdictional ground of drunkenness was charged, the record showing that the Governor during the session of the Legislature recom mended to the Senate that Hand be removed from office upon the ground…

2Cases cited3 opinions

  1. State Ex Rel. Hardie v. ColemanSupreme Court of Florida · 1934
  2. State v. LedwithSupreme Court of Florida · 1872
  3. State ex rel. Attorney-General v. JohnsonSupreme Court of Florida · 1892

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