F. WILLIAM SCHULTZ, L. B. HATCH, M. C. BURTON, LEWIS COMBS, J. W. HARVEY, AND JAMES G. CAMPBELL, PLAINTIFFS IN ERROR,
v.
THE STATE OF FLORIDA, EX REL. VAN C. SWEARINGEN, ATTORNEY GENERAL, DEFENDANT IN ERROR
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The Florida Supreme Court reversed a quo warranto judgment ousting an illegally organized municipality after the legislature validated the organization through a curative statute, holding that subsequent legislative ratification of a defectively incorporated municipality's acts cured the defects and made the judgment moot.
The judgment ousting the municipality was reversed. The legislative curative act validating the municipality's incorporation and ratifying all its acts corrected the alleged defects in organization and made the municipality valid in all respects, thereby warranting reversal of the lower court's judgment.
“There was a finding that the pretended municipality of Sarasota Heights had not been legally organized and had no legal existence and judgment was rendered ousting such pretended municipality from the exercise of the functions and powers of a municipality.”
Establishes the lower court's judgment that was being appealed
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Join FLexlaw to unlock all legal intelligenceThe village of Sarasota Heights in Manatee County was found to have been improperly organized and lacked legal existence as a municipal corporation. T…
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West, J.
An information in the nature of a quo warranto was filed in the name of the Attorney General to test the validity of the organization of the village of Sarasota Heights in Manatee County as a municipal corporation. Demurrer to the information was overruled. Pleas setting up the facts upon which respondent relied as authority for the exercise of the functions of a municipality were filed and the case was submitted on the merits upon an agreed statement of facts.
There was a finding that the pretended municipality of Sarasota Heights had not been legally organized and had no legal existence and judgment was rendered ousting such pretended municipality from the exercise of the functions and powers of a municipality.
Writ of error was taken from this court and an order of supersedeas was thereupon entered by the trial court.
Subsequently Chapter 8345, Acts of 1919, Laws of Florida, was passed, enacting that the incorporation of the municipality of Sarasota Heights be validated and legalized, and the ordinances enacted by the town council of such municipality and all acts done by its officers were ratified and validated.
The alleged defects in the organization havnig been corrected by this curative act and the municipality having in all respects been made valid, the judgment is reversed for appropriate action in the court below upon the authority of Givens v. County of Hillsborough et al, 46 Fla. 502, 35 South. Rep. 88; Craner v. Comm’rs Volusia County et al, 54 Fla. 526, 45 South. Rep. 455; Charlotte Harbor & N. Ry. Co. v. Welles et al., 78 Fla. 227, 82 South. Rep. 770; Board Comm’rs. v. Forbes Pioneer Boat Line, 80 Fla., 86 South. Rep. 199.
Reversed.
Browne, C. J., and Taylor, Whitfield and Ellis, J. J., concur.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By (22 total)
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Augusta Hamilton v. State, 129 Fla. 219 (Fla. 1937)…tting the offense if they are joined in the information by “and” instead of “or.” Proof of any one of the methods alleged is sufficient to sustain conviction and sentence for the offense. Bradley v. State, 20 Fla. 738; Stedman v. State, 80 Fla. 547, 86 So. 428; Craft v. State, 146 So. 649, 109 Fla. 188. It is also contended that the information was insufficient in that part alleging that the merchandise “had been theretofore stolen,” and that the defendant at the time of committing the offense well knew…
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The City of Winter Haven v. A. M. Klemm & Son, 132 Fla. 334 (Fla. 1938)…ncorporate all the lands, [*374] ■by not making the title sufficiently comprehensive to include a part of the lands described in the body of the Act. There was no statutory validation or incorporation in the North Miami case, as in Schultz v. State, 80 Fla. 564, 86 So. 428. See also State v. Eddy, 95 Fla. 978, 117 So, 377. In this case there was a statutory incorporation of lands; and the defect, in incorporating a part of the land did not go to the power to incorporate the land, but to the form of the ena…
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Licata v. State, 81 Fla. 649 (Fla. 1921)…in the information” contained in the verdict it is fatally defective. Harris v. State, 53 Fla. 37, 43 South. Rep. 311; O’Neal v. State, 54 Fla. 96, 44 South. Rep. 940; Renfroe v. State, 76 Fla. 392, 80 South. Rep. 183; Stedman v. State, 80 Fla. 547, 86 South. Rep. 428. [*651] The plea of not guilty puts in issue every material element of the crime charged in the information, and before a jury is warranted in returning a general verdict of guilty against an accused every material element of the crime charged must…
Previewing 3 of 22 citing cases — full citator treatment, depth of discussion, and citing context are member features.
Join FLexlaw to unlock all legal intelligenceAuthorities Cited
- Harbor v. Welles, 78 Fla. 227 (Fla. 1919)
- Darwin B. Givens v. Cnty. of Hillsborough, 46 Fla. 502 (Fla. 1903)
- Cranor v. The Bd. of Cnty. Comm'rs of Volusia Cnty., 54 Fla. 526 (Fla. 1907)