THE STATE OF FLORIDA, APPELLANT,
v.
THE HOSPITAL DISTRICT OF HARDEE COUNTY, APPELLEE
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The Florida Supreme Court granted a petition for rehearing to allow the trial court to reconsider a decree validating certificates of indebtedness in light of new curative legislation enacted after the initial appeal. The court withdrew its previous opinion and remanded the case for further proceedings.
The court held that the case should be remanded to the trial court for reconsideration in light of the new curative legislation, allowing the trial judge to consider amendments and further proceedings.
“By the petition for rehearing we are requested to give effect to the statutes in our appellate deliberations on the case or alternatively to remand the entire matter to the trial judge with authority to reconsider the cause in the light of these 1967 enactments.”
This quote explains the appellee's request to the court, highlighting the core issue of considering new legislation.
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Join FLexlaw to unlock all legal intelligenceThe Florida Supreme Court had previously reversed a decree validating certificates of indebtedness issued by the Hospital District of Hardee County. A…
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ON PETITION FOR REHEARING
On May 24, 1967, we filed an opinion which reversed a decree validating certain certificates of indebtedness allegedly issued for the appellee District. By petition for rehearing the appellee has brought to our attention the enactment of House Bill 2238 and House Bill 2239, both of which became laws on June 8, 1967. It is insisted that these enactments constitute valid curative legislation which thereby remedies the defects found to infect the proceeding which culminated in the final decree initially submitted to us for review. By the petition for rehearing we are requested to give effect to the statutes in our appellate deliberations on the case or alternatively to remand the entire matter to the trial judge with authority to reconsider the cause in the light of these 1967 enactments. We have elected to follow the latter course and the appellant has advised us that no objection is offered. The prayer of the petition is granted.
Our opinion of May 24, 1967, is therefore withdrawn and the cause is remanded to the trial court for reconsideration and rede-termination in the light of the cited legislation which was enacted while it was pending here. The trial judge is authorized to allow such amendments of pleadings and take such further proceedings as appear appropriate in the premises. See Northeast Polk County Hospital District et al., v. Snively et al., Fla., 162 So.2d 657; Board of Public Instruction of Orange County v. Budget Commission, Fla., 167 So.2d 305; Myers v. Board of Public Assistance of Hillsborough County, Fla., 163 So.2d 289.
It is so ordered.
O’CONNELL, C. J., and THOMAS, ROBERTS, DREW and THORNAL, JJ., concur.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
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Coon v. Bd. OF Pub. Instruction OF Okaloosa Cnty., 201 So. 2d 76 (Fla. 1967)…ther proceedings as may appear appropriate in the premises.1 It is so ordered. O’CONNELL, C. J., and ROBERTS, DREW, THORNAL, CALDWELL and ERVIN, JJ., concur. . State v. Hospital District of Hardee County, Opinion on Rehearing filed July 14, 1967, 201 So. 2d 69 and eases there cited.…
Authorities Cited
- Ne. Polk Cnty. Hosp. Dist. v. Snively, 162 So. 2d 657 (Fla. 1964)
- Owen v. Sinclair Ref. Co., 163 So. 2d 289 (Fla. 1964)
- Myers v. Bd. OF Pub. Assistance OF Hillsborough Cnty., 163 So. 2d 289 (Fla. 1964)
- The Bd. OF Pub. Instruction OF Orange Cnty. v. The Budget Comm'n OF Orange Cnty., 167 So. 2d 305 (Fla. 1964)