E. W. ROUNTREE, J. R. JACK, AND F. J. BOWEN, AS AND CONSTITUTING THE CITY COMMISSION OF THE CITY OF PUNTA GORDA, FLORIDA, ET AL., PLAINTIFFS IN ERROR,
v.
THE STATE OF FLORIDA, UPON THE RELATION OF GEORGIA BOND & MORTGAGE COMPANY, A CORPORATION, DEFENDANT IN ERROR
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This case reviews the validity of sanitary sewer bonds issued by the City of Punta Gorda. The Florida Supreme Court affirmed the lower court's decision, finding that the bonds were issued under valid legislative authority and were validated by a prior decree.
Yes, the bonds were issued under apparent legislative authority that the legislature could constitutionally grant, and a decree of validation settled any questions regarding legislative power. Therefore, the bonds are valid.
“The decree of validation puts at rest any question as to the grant of legislative power to the City of Punta Gorda to issue such bonds.”
Establishes that the validation decree resolved questions about the city's authority to issue bonds.
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Join FLexlaw to unlock all legal intelligenceThe City of Punta Gorda issued sanitary sewer bonds under Chapter 11035, Acts of 1925. The validity of these bonds was challenged. The bonds were also…
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— The questions involved in this case are identical with those involved in a similar case between the same parties under the same title decided at the present term, with the exception that the bonds here involved were issued under Chapter 11035, Acts of 1925, Laws of Florida, and are sanitary sewer bonds of the City of Punta Gorda.
Whether the bonds were authorized by the Act in question or not, becomes immaterial when it appears, as in *260this case, that the bonds here involved were issued under the apparent authority of a legislative act under which the legislature could have authorized the bonds within its constitutional power, and it further appears that the bonds were actually issued and validated pursuant to Sections 5106-5112, C. G. L., 3296-3302, R. G. S.
The decree of validation puts at rest any question as to the grant of legislative power to the City of Punta Gorda to issue such bonds. Weinberger v. Board of Public Instruction St. Johns County, 93 Fla. 474, 112 So. 253. The bonds in question being sanitary sewer bonds have not been shown to be'beyond the terms of said Chapter 11035, even if that question were open to be decided now.
On the authority of Rountree, et al. v. State ex rel. Georgia Bond & Mortgage Co., 102 Fla.....; 135 So. 888, decided at this term, the judgment is affirmed on the other points raised.
Affirmed.
Whitfield, P.J., and Terrell, J., concur.
Buford, C.J., and Ellis and Brown, J.J., concur in the opinion and judgment.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
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State v. Thomas, 125 Fla. 274 (Fla. 1936)…this State on account thereof, now that said validation decree has been entered pursuant to.law and has not been attacked by appeal. Weinberger v. Board of Public instruction, 93 Fla. 470, 112 Sou. Rep. 253; Rountree v. Georgia Bond & Mortgage Co., 102 Fla. 259, 135. Sou. Rep. 894. Peremptory writ of mandamus granted to require respondent to sign each and all of the bonds hereinbefore described, in his capacity as Chairman of the Board of Public Instruction of Duval County, it appearing that the objection…
Authorities Cited
- Weinberger v. The Bd. of Pub. Instruction of St. Johns Cnty., 93 Fla. 470 (Fla. 1927)
- Rountree v. State, 102 Fla. 246 (Fla. 1931)