Hexter v. Gautier

THOMAS, Justice.

This case is being considered on the questions of jurisdiction and, if it be determined that the court has power to entertain it, upon the merits as well. Tyus v. Apalachicola Northern Railroad Co., Fla., 130 So.2d 580.

It is insisted by the petitioner that jurisdiction here should attach because of a conflict of the decision of the District Court of Appeal in the immediate litigation with the holding of the Supreme Court in Mahan v. Lummus, 160 Fla. 505, 35 So.2d 725.

The suit was instituted in the Circuit Court of Dade County to enjoin the Tax Assessor from assessing the…