THE STATE OF FLORIDA, AND THE TAXPAYERS, PROPERTY OWNERS AND CITIZENS OF THE CITY OF CORAL GABLES, FLORIDA, INCLUDING NON-RESIDENTS OWNING PROPERTY OR SUBJECT TO TAXATION THEREIN, APPELLANTS,
v.
CITY OF CORAL GABLES, FLORIDA, APPELLEE
The State appeals from a Final Decree validating $850,000 library bonds payable from appellee’s cigarette taxes, contending that a city may not validly issue bonds for the construction of a library under the provisions of Florida Statute § 210.03(5), F.S. A.
Having carefully considered the briefs and record and heard argument of the parties, we find appellants’ contentions to be without merit. All requirements of the Constitution and Laws of the State of Florida and of the Charter, ordinances and proceedings of the City of Coral Gables, Florida, pertaining to the issuance of the bonds have been fulfilled.
The Final Decree is affirmed.
THORNAL, C. J., and THOMAS, ROBERTS, CALDWELL and ERVIN, JJ., concur.
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Higgins v. Dyck-O'Neal, Inc., 201 So. 3d 157 (Fla. 1st DCA 2016)…w for a deficiency judgment if a deficiency is not sought or entered in the foreclosure proceeding. See Reid v. Miami Studio Props., 139 Fla. 246, 190 So. 505, 506 (1939); see also First Fed. Sav. & Loan Ass’n of Broward Cnty. v. Consol. Dev. Corp., 195 So. 2d 856, 859 (Fla.1967) (“There has been no disturbance of the rule that if a deficiency is sought and the relief is overlooked or not considered, the one entitled to the recovery of the balance of the debt left over after the proceeds of the mortgage sale…1 / 2
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Reid v. Compass Bank, 164 So. 3d 49 (Fla. 1st DCA 2015)…he extent of such conflict.” Id. The supreme court found no departure from the essential requirements of the law in the case before it. Id. Thereafter, in First Federal Savings & Loan Association of Broward County v. Consolidated Development Corp., 195 So. 2d 856, 858 (Fla.1967), the supreme court addressed McLarty, Reid, and Luke. In First Federal Savings, the petitioner brought a foreclosure suit in Palm Beach County and prayed for a deficiency decree if the proceeds of the mortgage sale were less than the…
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Gdovin v. Dyck-O'Neal, Inc., 198 So. 3d 986 (Fla. 2d DCA 2016)…16). The court in Higgins rejected the Third District’s plain language interpretation of section 702.06 and 'instead concluded that the outcome was controlled by First Federal Savings & Loan Ass’n of Broward County v. Consolidated Development Corp., 195 So. 2d 856 (Fla.1967), and Belle Mead Development Corp. v. Reed, 114 Fla. 300, 153 So. 843 (1934). See Higgins, — So. 3d at -, 41 Fla. L. Weekly at 1379, 2016 WL 3191146, at *-. But as Judge Makar stated in his dissenting opinion in Higgins, the plain language…
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