EVERGLADES SUGAR & LAND COMPANY, A CORPORATION, APPELLANT,
v.
THE BOARD OF SUPERVISORS OF NAPOLEON B. BROWARD DRAINAGE DISTRICT ET AL., APPELLEES
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The Florida Supreme Court affirmed a lower court's decision denying an injunction and dismissing a bill to stop the issuance of drainage district bonds. A subsequent legislative act cured all defects in the bond proceedings, rendering the appeal moot.
The circuit court did not err. A subsequent legislative act ratified and approved the bond issue, curing all prior defects and irregularities, making the bond issue valid.
“By an Act of the Florida Legislature approved June 9, 1919, since the case was brought to this court, all defects and irregularities in the proceedings leading up to the issue of said bonds were cured and said issue of bonds' was fully ratified, approved and declared to be valid in all respects.”
Establishes the legislative action that validated the bond issue.
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Join FLexlaw to unlock all legal intelligenceThe appellant, Everglades Sugar & Land Company, sought to enjoin the Board of Supervisors of Napoleon B. Broward Drainage District from issuing $19,00…
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Per Curiam.
— This is an appeal from an order of the Circuit Court for Broward County, denying an injunction and dismissing the bill that prayed therefor filed by the appellants as complainants below, in which it was sought to enjoin and restrain the appellees as defendants below from issuing and selling $19,000 of bonds proposed to be issued by the defendant, Drainage District. By an Act of the Florida Legislature approved June 9, 1919, since the case was brought to this court, all defects and irregularities in the proceedings leading up to the issue of said bonds were cured and said issue of bonds' was fully ratified, approved and declared to be valid in all respects. On the authority of Cranor v. Board of County Commissioners of Volusia County, 54 Fla. 526, the said decree appealed from in said cause is hereby affirmed at the cost of the appellants.
All concur.
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Citator
Cited By
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State v. Fla. Inland Navigation Dist., 97 Fla. 839 (Fla. 1929)…, 43 Sup. Ct. 3, 67 L. Ed. 100; Cranor v. Bd. Co. Comm., 54 Fla. 526, 45 So. R. 455; Givens v. County of Hillsborough, 46 Fla. 502, 35 So. R. 88; Taylor v. Hastings [*848] Drainage Dist., 78 Fla. 268, 82 So. R. 615; Everglades S. & L. Co., v. Board, 78 Fla. 276, 82 So. R. 815; Hipson v. Taylor, 96 Fla. 109, 117 So. R. 786; State ex rel. v. Bass, 96 Fla. 478, 118 So. R. 212. Affirmed. Terrell, C. J., and Ellis, Strum and Brown, J. J., and Giblin, Circuit Judge, concur. Buford, J., disqualified.…
Authorities Cited
- Cranor v. The Bd. of Cnty. Comm'rs of Volusia Cnty., 54 Fla. 526 (Fla. 1907)