THE SCHOOL BOARD OF PINELLAS COUNTY, FLORIDA, APPELLANT,
v.
THE PINELLAS COUNTY COMMISSION AND METRIC CONSTRUCTORS, INC., APPELLEES

Fla. 2d DCA | 1981-10-23
No. 80-2107
SCHEB, C.J., and BOARDMAN and CAMPBELL, JJ., concur.
404 So. 2d 1178 Florida District Court of Appeal, Second District (1981) Caution
Cited by 16 cases

Opinion of the Court
PER CURIAM.

PER CURIAM.

We affirm on the sole basis that Section 235.26(1), Florida Statutes (1979) does not exempt a school board from payment of water or sewage impact or connection fees. We cannot consider the issues concerning the validity of the resolutions imposing water and sewer impact fees by appellee Pinellas County Commission, since appellant raised these issues for the first time in its motion for rehearing in the trial court. See Lipe v. City of Miami, 141 So. 2d 738 (Fla.1962); Buchanan v. Gulf Life Insurance Co., 286 So. 2d 223 (Fla. 1st DCA 1973).

AFFIRMED.

SCHEB, C.J., and BOARDMAN and CAMPBELL, JJ., concur.


Cases With Similar Vibessemantic neighbors from the corpus


Citator

Cited By (15 total)

  • …as distinguished [*937] from those imposed by governing bodies of cities and counties. Appellee argues that the statutory amendment was adopted explicitly in response to the holding in School Board of Pinellas County v. Pinellas County Commission, 404 So. 2d 1178 (Fla. 2d DCA 1981), that section 235.26(1) as then written did not exempt school boards from payment of water and sewage impact fees. It appears that the appellate decision was actually rendered later than the enactment date of the section 235.26(1)…
  • BAY RAG & Grading, Inc. v. C & H Clothing, Inc., 652 So. 2d 893 (Fla. 3d DCA 1995)
    …PER CURIAM. Affirmed. Trinchitella v. D.R.F., Inc., 584 So. 2d 35 (Fla. 4th DCA 1991); School Bd. v. Pinellas County Comm’n, 404 So. 2d 1178 (Fla.2d DCA 1981) (appellate court cannot consider issues raised for the first time in a motion for rehearing in the trial court), rev. denied, 413 So. 2d 877 (Fla.1982).…
  • Gandy v. Trans World Computer Tech. Grp. & Brian Metz, 787 So. 2d 116 (Fla. 2d DCA 2001)
    …a. 2d DCA 1996). A complaint should not be dismissed for failure to state a cause of action unless it appears beyond doubt that the plaintiff could prove no set of facts that would entitle him to relief. Midflorida Sch. Fed. Credit Union v. Fansler, 404 So. 2d 1178, 1180 (Fla. 2d DCA 1981). The essential elements of common-law fraud are: (1) a false statement of fact; (2) known by the person making the statement to be false at the time it was made; (3) made for the purpose of inducing another to act in relian…

Previewing 3 of 15 citing cases — full citator treatment, depth of discussion, and citing context are member features.

Join FLexlaw to unlock all legal intelligence

Authorities Cited

Full citator, related cases, and AI research tools

Open in FLexlaw