MIAMI BANK & TRUST COMPANY, A CORPORATION, APPELLANT,
v.
THE BOARD OF PUBLIC INSTRUCTION FOR THE COUNTY OF BROWARD, STATE OF FLORIDA, A CORPORATION; FORT LAUDERDALE SPECIAL TAX SCHOOL DISTRICT NUMBER THREE OF BROWARD COUNTY, STATE OF FLORIDA, A CORPORATION; BISCAYNE CONSTRUCTION COMPANY, A CORPORATION, AND WALTER DEGARMO, APPELLEES
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The Florida Supreme Court reversed an order sustaining a demurrer to a bank's bill of complaint. The bank sought an accounting for funds advanced for school construction and an injunction to prevent the school board from disbursing funds raised for that specific purpose.
Yes, the bill of complaint stated a cause of action with sufficient equity. The fund was created for a specific purpose, and the Board of Public Instruction, as trustees of the fund, were charged with its disbursement for that purpose.
“There is equity in the bill.”
Establishes the court's finding that the complaint was legally sufficient.
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Join FLexlaw to unlock all legal intelligenceMiami Bank & Trust Company advanced money for the construction of a school building. The bank filed a bill of complaint against the Board of Public In…
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Per Curiam.
Appeal from an order sustaining a demurrer to the bill of complaint of Miami Bank & Trust Company against The Board of Public Instruction for Broward County; Fort Lauderdale Special Tax School District Number Three of Broward County; Biscayne Con struction Company, and Walter C. D'eGarmo, for an accounting for money advanced and paid out to the construction company On account of a contract for the construction of a school building in Broward county, and for an injunction to restrain the Board of Public Instruction from disbursing for any other purpose the money raised' by the pubic for the purpose of constructng the school bulding and to declare a lien upon the said fund. The demurrer was general. There is equity in the bill. The fund was created for a particular purpose, mm: the construction of the .school building, the certificates of indebtedness issued against it for the construction of the building was the method adopted for paymeht of the work as it progressed; the fund' has not been exhausted nor impaired, although there has been a partial substitution of one fund for another. The Board of Public Instruction for Broward County are trustees of the fund under the allegations of fact .set forth in the bill charged with the disbursement of it for the purpose for which it was raised. The demurrer should have been overruled.
The order is reversed.
Browne, C. J., and Tatlor, Whitfield, Ellis and West, J. J., concur.