CITY OF KISSIMMEE, ET AL.,
v.
STATE, EX REL BEN HUR LIFE ASSOCIATION, A CORPORATION
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The Florida Supreme Court affirmed a lower court's judgment awarding a writ of mandamus to compel a city to levy a special tax for bond interest payments. The court found the appeal raised no new issues and affirmed based on prior rulings, but allowed the city to amend its writ to conform to current tax processes.
The appeal presented no issues not previously decided against the city's contentions. Therefore, the judgment compelling the tax levy was affirmed.
“the present appeal presents no question not heretofore repeatedly decided against the contentions of plaintiff in error”
Establishes the court's primary reason for affirming the lower court's decision.
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Join FLexlaw to unlock all legal intelligenceThe relator, holder of bonds from the City of Kissimmee, sought a writ of mandamus to compel the city to levy a special tax to pay interest coupons on…
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The proceedings below resulted in the rendition of a judgment awarding a peremptory writ of mandamus pursuant to an alternative writ theretofore issued in favor of defendant in error, as relator below, commanding the levy, collection and payment of a special tax sufficient to meet and pay at maturity certain interest coupons in the alternative writ described as being annexed to certain bonds of the City of Kissimmee held by the relator.
After a careful review of the record in this case, our conclusion is that the present appeal presents no question not heretofore repeatedly decided against the contentions of plaintiff in error and that therefore the judgment should be affirmed on the authority of the City of Kissimmee v. State, ex rel Ben Hur Life Ass’n, 121 Fla. 151, 163 Sou. Rep. 473; Treat v. State, ex rel. Dann, 118 Fla. 899, 160 Sou. Rep. 498; State, ex rel. Harris, v. City of Fort Pierce, 111 Fla. 174, 149 Sou. Rep. 338, 150 Sou. Rep. 283; State, ex rel Gillespie, v. Shelfer, 118 Fla 14, 160 Sou. Rep. 364, but with leave to amend the alternative writ so as to have *470it conform to the current taxation processes of the respondent City of Kissimmee.
Affirmed with leave to amend alternative writ and have peremptory writ awarded to conform thereto.
Whitfield, C. J., and Brown and Davis, J. J., concur.
Ellis, P. J., and Terrell and Buford, J. J., concur in the opinion and judgment.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Authorities Cited
- City of Kissimmee v. State, 121 Fla. 151 (Fla. 1935)
- Treat v. State, 118 Fla. 899 (Fla. 1935)
- State v. City of Fort Pierce, 111 Fla. 174 (Fla. 1933)
- Mears v. State, 121 Fla. 239 (Fla. 1935)
- State v. Shelfer, 118 Fla. 14 (Fla. 1934)
- McCartia v. State, 118 Fla. 810 (Fla. 1935)