STATE OF FLORIDA, EX REL., J. B. JOHNSON, ATTORNEY GENERAL, PLAINTIFF,
v.
F. W. EDDY, AS MAYOR, R. C. TISDALE, JR., J. B. QUALLS, J. H. HUGHES, L. D. VINING, L. L. FERTIC, AS COUNCILMEN, A. D. KEMP, AS MARSHALL AND TAX COLLECTOR, L. R. HIGDON, AS TAX ASSESSOR AND TREASURER OF THE TOWN OF BITHLO, DEFENDANTS
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The Florida Supreme Court affirmed the dismissal of a quo warranto information, upholding the legal incorporation of the Town of Bithlo despite potential procedural irregularities, as these were cured by subsequent legislative validation.
The court held that the incorporation of the Town of Bithlo was legally valid. Any irregularities in the initial incorporation proceedings were cured by the subsequent legislative act.
“The Town of Bithlo in Orange County, Florida, was incorporated October 9, 1922, under the general law for incorporating cities and towns in this State (Section 1828 Revised General Statutes) and was validated by Chapter 11407,' Acts of 1925, Laws of Florida.”
Establishes the factual basis for the town's incorporation and subsequent validation.
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Join FLexlaw to unlock all legal intelligenceThe State of Florida, through its Attorney General, filed an information in the nature of quo warranto, challenging the legitimacy of the Town of Bith…
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Terrell, J.
This writ of error was taken to an order dismissing an information in the nature of a quo warranto against the defendants, appellees, as officers of the Town of Bithlo, charging them with usurping the powers of a municipal corporation under the corporate name of the Town of Bithlo without warrant or authority of law therefor. The Town of Bithlo in Orange County, Florida, was incorporated October 9, 1922, under the general law for incorporating cities and towns in this State (Section 1828 Revised General Statutes) and was validated by Chapter 11407,' Acts of 1925, Laws of Florida. The record has been examined carefully and while there may have been irregularities in the proceedings leading up to the incorporation of the said town we think they were all such as could be validated and approved by an Act of the Legislature and we think that Chapter 11407, Acts of 1925, was ample and sufficient for that purpose. Givens v. Hillsborough County, 46 Fla. 502, 35 So. Rep. 88; Cranor v. Volusia County Comm'rs., 54 Fla. 455, 45 So. Rep. 455; Schultz v. State ex rel., Swearington, 80 Fla. 564, 86 So. Rep. 428.
Affirmed.
Whitfield, P. J., and Buford, J., concur. Ellis, C. J., and Strum and Brown, J. J., concur in. the opinion and judgment.
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Citator
Cited By
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The City of Winter Haven v. A. M. Klemm & Son, 132 Fla. 334 (Fla. 1938)…he 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 enactment; and the defect did not appear on the face…
Authorities Cited
- Darwin B. Givens v. Cnty. of Hillsborough, 46 Fla. 502 (Fla. 1903)
- Schultz v. State, 80 Fla. 564 (Fla. 1920)