Summary
The case concerns an appeal from a decree ordering the Duval County commissioners' court to approve the bond of Donato Serna as County Auditor. The court rejected procedural objections and held that the statute limiting auditor appointments did not apply because an auditor had been appointed before the effective date, and that the district judge's order merely declared a vacancy, not an abolition of the office.
Topics
Practice areas
Questions Presented
- Whether the trial court's order should be invalidated because it was not labeled as a mandamus action.
- Whether the office of County Auditor had been abolished at the time Serna was appointed.
Holdings
- The order can be properly classified as a mandamus, and the failure to label it as such does not invalidate it.
- The office of County Auditor was not abolished; the statute (Article 1645a-8) does not apply to Duval County because an auditor had been appointed prior to the effective date, and the district judge's order declaring the office vacant did not abolish the office.
Key quotations
“No County Auditor shall hereafter be appointed in any county having a population of not more than : twenty-five thousand, five hundred (25,500) and not less than three thousand (3,000) where no such County Auditor has. been appointed by the District Judge prior to the effective date of this Act, except upon the petition of the County Commissioners-- 'Court and in all such counties the duties of such County Auditor in such County shall be per- formed by other officers as may be prescribed by general law.” (at 178)
“This legislative enactment cannot be construed as providing that if for some reason the office of County Auditor should become vacant after its effective date, an appointment to fill such vacancy could not be made except upon petition of the county commissioners’ court.” (at 178)
Factual background
In 1937, Duval County's property valuations exceeded $15,000,000, making Article 1645 applicable and requiring appointment of a County Auditor. C. T. Stansell was appointed and served until his resignation in March 1954. After a brief appointment of W. M. Benson, the district judge declared the office vacant on April 2, 1954. On April 5, the commissioners' court ordered that the services of a County Auditor be dispensed with and that the County Clerk perform the duties. On May 25, 1954, the district judge appointed Serna to the vacant position, but the commissioners refused to approve his bond, asserting the office had been abolished.
Procedural history
Serna was appointed County Auditor by the district judge after the previous auditor resigned. The commissioners' court refused to recognize him and declined to approve his bond, claiming the office had been abolished. Serna sought relief, and the trial court issued a decree ordering the commissioners to approve the bond. The commissioners appealed.