CITY OF WEST PALM BEACH, A MUNICIPAL CORPORATION, APPELLANT,
v.
THE STATE OF FLORIDA, AND EDWIN E. BECKER AND W. M. FARROW, INTERVENERS, APPELLEES
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The Florida Supreme Court dismissed an appeal from an interlocutory order in a bond validation proceeding, holding that appeals in such statutory proceedings must be from the final decree rendered by the circuit court, not from interlocutory orders.
Appeals in statutory bond validation proceedings must be from the final decree rendered by the circuit court. Interlocutory orders are not appealable in these proceedings, and therefore the appeal from the interlocutory order must be dismissed.
“The statutory proceeding for validating bonds to be issued by governmental subdivisions of the State, are sui generis, the purpose being to facilitate an adjudication as to the regularity of the steps taken to issue the bonds.”
Establishes the unique nature and purpose of validation proceedings
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Join FLexlaw to unlock all legal intelligenceThe City of West Palm Beach sought to validate bonds to be issued as a municipal corporation under the statutory validation procedure. An interlocutor…
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Per Curiam.
An appeal herein was taken to an interlocutory order made in a validation proceeding under the statute. See. 3296, Revised General Statutes, 1920.
The statutory proceeding for validating bonds to be issued by governmental subdivisions of the State, are sui generis, the purpose being to facilitate an adjudication as to the regularity of the steps taken to issue the bonds. It is not a chancery proceeding, .nor is it a proceeding at law that is known to the common law. The proceedings must be in substantial compliance with the statutory requirements, or they are not authorized.
The statute, Section 3298, Revised General Statutes, 1920, provides for an order giving notice of a hearing and also that “at the time and place designated in said order, the Judge of said Circuit Court shall proceed to hear and determine all the questions of law and of fact in said cause and “to render a final decree.” Any taxpayer or citizen may become a party to said proceedings; and any party thereto, whether complainant, defendant or intervener, dissatisfied with the decree of the court, may appeal therefrom to the Supreme Court within twenty days, and upon the case being docketed in the Supreme Court such appeal shall be assigned for argument to be had within a period of thirty days. The procedure in all other respects shall be the same as in other Chancery eases. ’ ’
Considering the purposes of the Act to facilitate a final adjudication, these proceedings clearly contemplate that the appeal shall be from the “final decree” required to be rendered. The provision that the procedure in all other respects shall be as in other Chancery cases, has reference to other matters than the right of appeal that is covered and limited by the preceding provisions of the section.
Interlocutory Appeal dismissed.
Ellis, C. J., and Whitfield, Terrell, Strum and Brown, J. J., concur.
Cases With Similar Vibessemantic neighbors from the corpus
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Little River Bank & Tr. Co. v. Johnson, 105 Fla. 212 (Fla. 1932)…individual tax payer may estop himself, or which he may waive, may be concluded by such validation proceedings when appropriately invoked. Weinberger vs. Board of Public Instruction, 93 Fla. 470, 112 Sou. Rep. 253; City of West Palm Beach v. State, 93 Fla. 335, 111 South. Rep. 640. Assuming that the financial competency of the respondent municipality to pay its obligations when due, and also the fact that their validity has already been established by a court of competent jurisdiction, the only question…
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State of Fla. & the Taxpayers v. City OF Sarasota, 154 Fla. 250 (Fla. 1944)…r nature, the purposes being to facilitate an adjudication as to the regularity and validity of the steps taken to issue the bonds. The proceedings must in substance be in compliance with the statutory requirements. City of West Palm Beach v. State, 93 Fla. 335, 111 So. 640. Our validation statute was adopted largely from the Georgia statute on the same subject. Weinberger v. Board of Public Instruction, 93 Fla. 470, 112 So. 253. Prior to the adoption of our Florida validation statute, the Supreme Court o…
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State v. State Bd. of Educ., 67 So. 2d 627 (Fla. 1953)…xible rate as thus stated or in the manner stated is vague, unsatifactory, and indefinite. City of Ft. Myers v. State, 95 Fla. 704, 117 So. 97; State ex rel. Harrington v. City of Pompano, 136 Fla. 730, 188 So. 610; City of West Palm Beach v. State, 93 Fla. 335, 111 So. 640 and other cases are relied on to support this contention. We do not think there is any merit to this contention. The cases relied on have to do with validation proceedings but they do not even remotely deal with the question raised in…