STATE
v.
COUNTY OF SARASOTA, ET AL.
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The State of Florida appealed a decree validating Sarasota County refunding bonds. Before the appeal could be decided, two related cases (County of Bay v. State of Florida and State of Florida v. Citrus County) resolved legal propositions adversely to the County. The County then confessed errors and moved for reversal and remand.
The decree is reversed and remanded to the Circuit Court of Sarasota County to permit the filing of amended and supplemental petitions conformable to the rulings in the related cases, with directions to proceed anew with validation proceedings to reach a proper judgment consistent with those opinions.
“in which certain propositions of law involved on the present appeal were determined adversely to the appellee in this case”
Establishes that prior cases resolved legal issues against the County, prompting the confession of errors
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Join FLexlaw to unlock all legal intelligenceThe County of Sarasota obtained a decree validating certain county refunding bonds on September 7, 1934. The State of Florida appealed on September 26…
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The appellee, County of Sarasota, a political subdivision of the State of Florida, obtained a decree validating certain county refunding bonds. The State of Florida, by and through its State Attorney on September 26, 1934, appealed to this Court from the final decree of validation entered on September 7, 1934. Sections 5106-5112 C. G. L., 3296-3302 R. G. S.
Before the present appeal could be decided this Court had before it and had heard and determined the cases of State of Florida v. Citrus County, 116 Fla. 676, 157 Sou. Rep. 4, opinion filed September 27, 1934, and County of Bay v. State of Florida, 116 Fla. 656, 157 Sou. Rep. 1, opinion filed September 26, 1934, in which certain propositions of law involved on the present appeal were determined adversely to the appellee in this case. In consequence of said decisions said appellee has filed in this Court in this' case its formal confession of errors with respect to the appeal entered in this cause on September 26, 1934, and thereupon has moved to reverse the decree appealed from and to remand said cause for the elimination of said errors confessed, and for further appropriate proceedings.
Now, therefore, upon consideration of the. confession of errors filed in this cause by the appellee, notice of which has been duly served upon the appellant, it is considered, ordered and adjudged by this Court that the decree appealed from be and the same is hereby reversed and the cause be remanded to the Circuit Court of Sarasota County, Florida, with directions to said Circuit Court to permit the filing *36of such amended and supplemental petition on the part of Sarasota County, Florida, as may be conformable to the opinions and judgments of this Court in the cases of County of Bay v. State of Florida, supra, and State of Florida v. Citrus County, supra, to the end that the Circuit Court of Sarasota County, upon the filing of such an amended and supplemental petition to conform to the opinions of this Court as hereinbefore referred to, may proceed anew with said validation proceedings to a proper judgment or decree not inconsistent with the opinions and judgments of this Court in the premises.
Reversed on confession of errors and remanded.
Davis, C. J., and Whitfield, Terrell and Brown, J. J., concur.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
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Boatright v. The City of Jacksonville, 117 Fla. 477 (Fla. 1934)…ctions 5103 C. G. L., 3296 R. G. S., et seq., as we have held in the following cases decided by this Court; State v. City of Miami, 113 Fla. 280, 152 Sou. Rep. 6; State v. County of Citrus, 116 Fla. 676, 157 Sou. Rep. 4, State v. County of Sarasota, 117 Fla. 34-36, 157 Sou. Rep. 21-22, County of Bay, v. State, 116 Fla. 656, 664, 157 Sou. Rep. 1-12. And insofar as a judicial decree may specially settle and decide particular issues' relating simply to the nature, character or extent of the exact contractual…
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State v. Cnty. of Sarasota Case No. 1. (Road & Bridge Refunding Bonds, 118 Fla. 629 (Fla. 1935)…n. They have been heretofore considered by this Court upon appeals from earlier decrees, but upon such previous consideration the decrees appealed from were reversed- by consent of appellants upon a confession of error. See State v. Sarasota County, 117 Fla. 34, 157 Sou. Rep. 21; State v. Sarasota County, 117 Fla. 36, 157 Sou. Rep. 22. [*633] Prior to the entry of the earlier decrees, the Circuit Court had, by appropriate proceedings in accordance with the statute, admittedly acquired jurisdiction of the s…1 / 3
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Layton v. United States, 78 F.2d 499 (8th Cir. 1935)…, 167 Okl. 324, 29 P.(2d) 618; Gen. Motors Acc. Corp. v. Board, etc. (Okl. Sup.) 36 P.(2d) 39; Indian Territory Illuminating Oil Co. v. Board, 162 Okl. 25, 18 P.(2d) 1050; Oliver v. Kelly, 162 Okl. 55, 18 P.(2d) 1064; State v. Sarasota County (Fla.) 157 So. 21; Hodgins Transfer Co. v. Carlson, 31 N. D. 546, 154 N. W, 254; Jones v. Walker, 32 S. D. 247, 142 N. W. 943. Reversed and remanded,…
Authorities Cited
- State v. Cnty. of Citrus, 116 Fla. 676 (Fla. 1934)
- Bay Cnty. v. State, 116 Fla. 656 (Fla. 1934)