F. J. BOWEN, AS MAYOR-COMMISSIONER, ET AL., AS MEMBERS OF THE CITY COMMISSION OF THE CITY OF PUNTA GORDA, AND L. E. ROBINSON, AS CITY CLERK, AS EX-OFFICIO TAX ASSESSOR AND AS EX-OFFICIO TAX COLLECTOR OF SAID CITY,
v.
STATE, EX REL. THE GUARANTY STATE BANK
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The Florida Supreme Court affirmed a lower court's final judgment in mandamus, upholding the award of a peremptory writ against city officials. The writ was sought by a bondholder to enforce payment of bonds issued by the city.
Yes, the peremptory writ of mandamus was properly awarded. The judgment of the Circuit Court is affirmed.
“Final judgment in mandamus was awarded in the Circuit Court against the officials of the Town of Punta Gorda which is a municipal corporation existing under Chapter 9055, Acts of 1921, Laws of Florida.”
Describes the lower court's decision being appealed.
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Join FLexlaw to unlock all legal intelligenceThe City of Punta Gorda issued bonds under specific legislative authority and had them judicially validated. A bondholder, as plaintiff, sought a writ…
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— Final judgment in mandamus was awarded in the Circuit Court against the officials of the Town of Punta Gorda which is a municipal corporation existing under Chapter 9055, Acts of 1921, Laws of Florida. The plaintiff was a bondholder of the city who sought relief with respect to the enforced payment of certain bonds that had been issued by the town under authority of Chapter 13327, Acts of 1927, and thereafter duly validated by judicial proceedings.
The peremptory writ was properly awarded on the authority of Columbia County v. King, 13 Fla. 451; City of Palmetto v. Klemm, 108 Fla. 455,146 Sou. Rep. 558; Klemm v. Davenport, 100 Fla. 627, 129 Sou. Rep. 904, 70 A. L. R. 156; Rountree v. State, ex rel. Georgia Bond & Mtge. Co., 102 Fla. 246, 135 Sou. Rep. 888; State, ex rel. Dos Amigos, Inc., v. Lehman, 100 Fla. 1313, 131 Sou. Rep. 533; State, ex rel. Rempsen v. Smith, 105 Fla. 368, 141 Sou. Rep. 318; State, ex rel. Aldrich v. Mitchell, 108 Fla. 233, 146 Sou. Rep. 207; Humphreys v. State, ex rel. Palm Beach Co., 108 Fla. 92, 145 Sou. Rep. 858, so the judgment to which this writ of error was’ taken must be affirmed, and it is so ordered.
Affirmed.
Davis, C. J., and Ellis and Terrell, J. J., concur.
Whitfield, P. J., and Brown and Buford, J. J., concur in the opinion and judgment.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Authorities Cited
- State of Fla. ex rel. Dos Anigos, Inc. v. Lehman, 100 Fla. 1313 (Fla. 1930)
- Klemm v. Davenport, 100 Fla. 627 (Fla. 1930)
- Humphreys v. State, 108 Fla. 92 (Fla. 1933)
- Cnty. Comm'rs of Columbia Cnty. v. King, 13 Fla. 451 (Fla. 1869)
- Rountree v. State, 102 Fla. 246 (Fla. 1931)
- The Provident Life & Accident Ins. Co. v. Vines Atkins, 105 Fla. 368 (Fla. 1932)
- State v. Smith, 105 Fla. 368 (Fla. 1932)
- State ex rel. Herbert L. Aldrich v. Mitchell, 108 Fla. 233 (Fla. 1933)
- City of Palmetto v. Klemm, 108 Fla. 455 (Fla. 1933)
- Braxton Rhodes v. Grund, 108 Fla. 323 (Fla. 1933)