MOORE
v.
CITY OF WINTER GARDEN
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When the subject matter of an appeal becomes moot due to repeal of the underlying ordinance during pendency of the appeal, the court shall vacate the lower court's decree and dismiss the cause.
[1] An appeal becomes moot and subject to dismissal when the ordinance or legislative action that is the subject of the appeal is repealed or superseded during the pendency o…
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Join FLexlaw to unlock all legal intelligenceAppellants challenged a circuit court decree validating $2,900,000 in municipal bonds proposed by the City of Winter Garden to finance an electric pow…
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PER CURIAM.
Hull, Landis, Graham & French, De-Land, Florida, attorneys for the appellants Judson J. Moore, et ah, and J. B. Rodgers, Jr., Orlando, Florida, attorney for the City of Winter Garden, a municipal corporation, appellee, in this appeal from a decree validating $2,900,000.00 municipal bonds proposed to be issued by appellee to finance the cost of a municipal electric power generating and distribution system have filed in this cause a suggestion containing exhibits showing that, during the pendency of this appeal, the Ordinance of said ap-pellee City passed July 30, 1962 authorizing the construction of such electric power generating and distribution system and providing for the issuance of the $2,900,000 of bonds proposed to be issued to finance the cost thereof which are the subject of the decree questioned in this appeal has been repealed and that an Ordinance has been adopted by said appellee City granting a franchise to Florida Power Corporation to furnish and distribute electric current in said City for a period of thirty years. In said suggestion aforesaid, the attorneys for the respective parties .having apprised the Court of the foregoing facts suggest the entry of an order directing the lower court to vacate the final decree of validation presently involved in these proceedings. Upon consideration of said suggestion and the exhibits attached, it is Ordered that the Circuit Court of Orange County, Florida be and it is hereby directed to vacate and set aside the final decree validating the aforesaid $2,900,000 bonds of the appellee city which is the subject matter of this appeal and to dismiss said cause. Upon filing a certified copy of such order in this Court, this cause shall stand dismissed. It is so ordered.
ROBERTS, C. J., and TERRELL, DREW, THORNAL and O’CONNELL, JJ., concur.
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State v. Adjmi, 170 So. 2d 340 (Fla. 3d DCA 1964)…Fla.App.1962, 139 So. 2d 179, 185. On certiorari, the Supreme Court of Florida quashed our decision, and ordered that the judgment be reversed and the cause remanded with directions to the trial court to grant a new trial. Adjmi v. State, Fla.1963, 154 So. 2d 812, 819-820. Our mandate was issued accordingly. Adjmi v. State, Fla.App.1963, 154 So. 2d 820. After the remand and before proceeding with the new trial the state filed ten additional informations on August 2, 1963, each charging one of the larcenies…1 / 2
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Mark v. Hahn, 177 So. 2d 5 (Fla. 1965)…d. THORNAL, C. J., ROBERTS, DREW, O’CONNELL, CALDWELL, ERVIN and HOBSON (Ret.), JJ., concur. . Tyus v. Apalachicola Northern R. R. Co. (Fla.1961), 130 So. 2d 580; Zirin v. Charles Pfizer & Co. (Fla.1961), 128 So. 2d 594; Adjmi v. State (Fla.1963), 154 So. 2d 812; Hedges v. State (Fla.), 172 So. 2d 824; Florida Real Estate Commission v. Harris, (Fla.), 134 So. 2d 785. . All cash being the major term or condition of sale.…
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MacHin v. State, 213 So. 2d 499 (Fla. 3d DCA 1968)…There has been no showing in this record and in the newspaper articles to suggest a reasonable doubt as to the ability of the state to [*501] furnish an impartial jury. Adjmi v. State, Fla.App.1962, 139 So. 2d 179 (rev’d on other grounds, Fla.1963, 154 So. 2d 812). We find no reversible error in the denial by the trial court for the motion for change of venue. The record reflects that three eyewitnesses testified that the man who ran from the location of the fire ran with a limp. The defendant did not take…
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Join FLexlaw to unlock all legal intelligenceAuthorities Cited
- Judson J. Moore v. City OF Winter Garden, 149 So. 2d 44 (Fla. 1963)