THE STATE OF FLORIDA ET AL., APPELLANTS,
v.
THE BOARD OF PUBLIC INSTRUCTION OF ORANGE COUNTY, FLORIDA, APPELLEE
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The Florida Supreme Court withdrew its prior opinion and remanded the case with instructions to dismiss because a new law rendered the bond issue moot by eliminating the source of payment. The court found that the appeal had become moot due to legislative changes that removed the primary funds pledged for the bond issue.
Yes, the appeal has become moot. The legislative amendment eliminated the primary funds pledged for the bond issue, rendering the bonds unissuable even if validated.
“On rehearing it has been made to appear that the matters presented by this appeal have become moot by virtue of Chapter 68-18, Laws of Florida 1968, which became effective July 1, 1968.”
Establishes the reason for the court's reconsideration and the core issue of mootness.
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Join FLexlaw to unlock all legal intelligenceThe State of Florida appealed a decision concerning a bond issue. However, subsequent to the initial opinion, a new law became effective that amended …
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ON PETITION FOR REHEARING
We granted rehearing, pursuant to petition of the appellee, in order to reconsider certain aspects of our opinion which was filed on July 24, 1968. On rehearing it has been made to appear that the matters presented by this appeal have become moot by virtue of Chapter 68-18, Laws of Florida 1968, which became effective July 1, 1968. This law amended Fla.Stat. 236.075 (1967), F.S.A. In effect it eliminated the availability of the primary funds pledged to the payment of the bond issue here involved. The result is that, even if validated, the bonds could not be issued because the source of payment would have been destroyed before issuance.
Our opinion of July 24, 1968, is therefore withdrawn. The cause is remanded to the Circuit Court with directions to dismiss the petition.
It is so ordered.
CALDWELL, C. J., ROBERTS, DREW, THORN AL and ADAMS (Retired), JJ., and SPECTOR, District Court Judge, concur.
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In re the Sch. Bd. OF Volusia Cnty. v. Fla. Dep't OF Labor & Emp. Sec., 393 So. 2d 70 (Fla. 5th DCA 1981)…er matters. We do not have jurisdiction to render advisory or moot opinions under these circumstances. Board of Public Instruction v. Budget Commission of Orange County, 249 So. 2d 6 (Fla.1971); State v. Board of Public Instruction of Orange County, 216 So. 2d 195 (Fla.1968); 3 Fla.Jur.2d Appellate Review § 286 (1978). Accordingly this appeal is DISMISSED. DAUKSCH, C. J., and FRANK D. UP-CHURCH, Jr., J., concur. . § 443.03(12), Fla.Stat. (1979). . § 443.06(1), Fla.Stat. (1979). . § 443.05(1)(c)(1), Fla.S…