State ex rel. Lloyd v. City of Fort Pierce

WHITE, JOSEPH S., Associate Judge.

Appellant, as relator in the circuit court, has appealed from an order dismissing his petition for alternative writ of mandamus upon a hearing on the petition and respondent’s answer thereto. No testimony was offered at the hearing, the matter having been heard upon petitioner’s motion for the writ, notwithstanding respondent’s answer. Relator’s motion recited “that none of the matters and things recited in said Answer constituted a defense to the Amended Petition for Writ of Mandamus heretofore filed herein.” The effect of this procedure was to admit the…