STATE
v.
SPECIAL ROAD AND BRIDGE DISTRICT NO. 5 IN ST. LUCIE COUNTY, ET AL.

Fla. | 1938-10-18
Whitfield, P. J., and Brown, J., concur., Terrell and Buford, J. J., concur in the opinion and judgment., Ellis, C. J., not participating.
134 Fla. 424 Florida Supreme Court (1938)
Also reported at: 183 So. 844

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Synopsis

The Florida Supreme Court affirmed a lower court's validation of refunding bonds for a special road and bridge district. The court found that the proper procedures were followed for the issuance of these bonds, relying on precedent from a prior case.


Holding

The refunding bonds are legal and binding obligations of the district. The court found that the proper procedures were followed for their issuance.


Key Quotes

“The record shows that the resolution for the issuance of the refunding bonds was drafted under Chapter 15772, Acts of 1931, General Laws of Florida.”

Establishes the statutory basis for the bond issuance.

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Facts & Procedural History

Special Road and Bridge District No. 5 in St. Lucie County sought to issue refunding bonds under Chapter 15772, Acts of 1931. The original bonds were …

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Opinion of the Court
Chapman, J.

Chapman, J.

This case is here on appeal from a final decree entered by the Circuit Court of St. Lucie County, Florida,'validating and holding certain refunding bonds as *425legal and binding obligations of Special Road and Bridge District No. 5 of St. Lucie County, Florida. The appeal here was perfected by the Hon. Murray Overstreet, State Attorney of said Circuit. The record shows that the resolution for the issuance of the refunding bonds was drafted under Chapter 15772, Acts of 1931, General Laws of Florida. The resolution authorizing the issuance of the refunding bonds was adopted by the Board of County Commissioners of St. Lucie County, Florida, and the said resolution was approved, consented to and ratified by the Board of County Commissioners of Martin County, Florida. The original bonds were issued by St. Lucie County, Florida, in 1925, prior to' the time of the creation of Martin Counly under Chapter 10180, Acts of 1925, Laws of Florida. The Special Road and Bridge District No. 5 was originally in St. Lucie County and after the creation of Martin County it was embraced in St. Lucie and Martin Counties.

It is clear from the record that the bonds here are refunding bonds and that their issuance is authorized' by Chapter 15772, Acts of 1931, General Laws of Florida. The proper procedure was followed for their issuance and the case at bar is ruled by State of Florida v. Special Road • and Bridge Dist. No. 4 of DeSoto County, Florida, decided by this Court on July 6, 1938, not yet reported. While several points are presented and citation of authorities appear in the briefs of the respective parties, we do not think it necessary to go into< the merits thereof. We have examined the entire record, the briefs, and the authorities cited, but fail to find error. The decree appealed from was proper and is supported by the decisions of this Court. The decree appealed from is hereby affirmed.

Whitfield, P. J., and Brown, J., concur.

*426Terrell and Buford, J. J., concur in the opinion and judgment.

Ellis, C. J., not participating.


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