STATE
v.
CITY OF PALMETTO
AI-generated. These summaries, headnotes, and key points are machine-generated and may contain errors or omissions. Always verify against the full opinion text below. Not legal advice.
The Florida Supreme Court affirmed a decree validating refunding bonds for the City of Palmetto, holding that bonds issued with a limited tax could be refunded with bonds supported by an unlimited tax without a new freeholder vote. This decision relied on a prior ruling in a similar case.
Yes, refunding bonds supported by an unlimited tax can be issued to replace original bonds supported by a limited tax, even if the original bonds were issued with a freeholder vote, without requiring a new freeholder vote for the refunding bonds.
“The only contention made here in the brief is that some of the original bonds were issued by an approving vote of the freeholders and were supported by a limited tax and being so, the}'- can'not now be refunded with bonds supported by an unlimited tax without an approving vote of the freeholders.”
This quote states the sole contention raised by the appellant on appeal.
Previewing 1 of 2 key quotes on this case — the court’s exact language, pinpointed for members.
Join FLexlaw to unlock all legal intelligenceThe City of Palmetto, after reaching an agreement with its creditors to refund its bonded indebtedness, adopted a resolution to issue refunding bonds.…
The full statement of facts, procedural history, and disposition for this case are member content.
Join FLexlaw to unlock all legal intelligence© FLexlaw, Inc. — AI-generated enrichments are proprietary. All rights reserved.
Explore caselaw by topic → Browse Freeholder Approval For Bonds cases and more on FLexlaw
The City of Palmetto prosecuted bankruptcy proceedings and reached an agreement with its creditors for readjusting and refunding its bonded indebtedness on' terms very beneficial to the City. Pursuant to its Charter, Chapter 7218, Acts of 1915, and amendatory Acts including Chapter 11059, Acts of 1925, Section 6, Article IX of the Constitution, and Chapter 15772, Acts of 1931, the City^ adopted a resolution providing for the issuance of refunding bonds to take the place of the original bonds. This appeal is from a final decree validating the refunding bonds.
The only contention made here in the brief is that some of the original bonds were issued by an approving vote of the freeholders and were supported by a limited tax and being so, the}'- can'not now be refunded with bonds supported by an unlimited tax without an approving vote of the freeholders.
This question was raised and answered contrary to the contention of appellant in State v. City of Manatee, de*253cided this date. Other questions are raised in the pleadings but they are without merit. The judgment below is affirmed on authority of the case last cited.
Affirmed.
Whitfield, P. J., Buford, Chapman and Thomas, J. J., concur.
Brown, J., dissents.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By (24 total)
-
Klosters Rederi A/S v. Arison Shipping Co., 280 So. 2d 678 (Fla. 1973)…well-settled doctrine that an agreement to arbitrate a dispute in the future will not be enforced as an attempt to oust the court’s jurisdiction.” In addition to the Flaherty, Shearson and Cruger cases, supra, see also Moss v. Sperry, 140 Fla. 301, 191 So. 531, to the effect that equity is far better equipped to afford full and complete relief where third parties are involved and the action is founded upon fraud and breach of fiduciary duties with the additional requirement of a complicated accounting. Th…
-
United Yacht Brokers, Inc. v. Gillespie, 377 So. 2d 668 (Fla. 1979)…on tortious interference frustrates this legislative purpose. A broker has no right to receive a commission on a sale from a party who did not employ him or agree to pay it. Borinsky v. Cohen, 86 So. 2d 814 (Fla.1956); Moss v. Sperry, 140 Fla. 301, 191 So. 531 (1939). Recognition of the right of recovery for [*DCCLIV] tortious interference enables the broker who cannot enforce his claim for commission against the party that employed him to collect its equivalent from the other party. I would affirm the s…
-
The Mead Corp. v. Mason, 191 So. 2d 592 (Fla. 3d DCA 1966)…; thereby injuring the brokers in the amount of said commission.8 Having concluded that there is sufficient evidence to warrant a recovery against all of the defendants, the judgment appealed is affirmed. Affirmed. . Moss v. Sperry, 140 Fla. 301, 191 So. 531, 537, 125 A.L.R. 909 (1939). . Franklin v. Brown, Fla.App.1964, 159 So. 2d 893, 895; John B. Reid & Associates, Inc. v. Jimenez, Fla.App.1965, 181 So. 2d 575. . See also Katz v. Thompson, 19 Misc.2d 848, 189 N.Y.S.2d 982 aff’d 9 A.D.2d 951, 196 N.…
Previewing 3 of 24 citing cases — full citator treatment, depth of discussion, and citing context are member features.
Join FLexlaw to unlock all legal intelligence