H. C. COON ET AL., APPELLANTS,
v.
BOARD OF PUBLIC INSTRUCTION OF OKALOOSA COUNTY, FLORIDA, AND ON BEHALF OF SOUTH OKALOOSA HIGH SCHOOL SPECIAL TAX DISTRICT, APPELLEE
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 withdrew its prior opinion reversing a bond validation decree, and remanded the case to the trial court. This action was taken after the Legislature enacted curative legislation while the case was pending on appeal, which the appellee argued remedied the defects that led to the initial reversal.
The Court granted the motion to advance the cause, took judicial notice of the new statute, but declined to adjudicate its sufficiency at that time. The Court withdrew its prior opinion and remanded the case to the trial court for reconsideration in light of the new legislation.
“By the petition for rehearing yve are requested to advance the disposition of the cause, take judicial notice of the statute aforesaid and confirm the decree of the lower court which validated the bonds in question.”
Describes the appellee's request to the court following the enactment of new legislation.
Previewing 1 of 3 key quotes on this case — the court’s exact language, pinpointed for members.
Join FLexlaw to unlock all legal intelligenceThe Florida Supreme Court had previously reversed a decree validating certain bonds due to defects. While the case was pending on rehearing, the Flori…
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 Curative Legislation cases and more on FLexlaw
ON PETITION FOR REHEARING
In an opinion filed May 31, 1967, we reversed the decree validating certain bonds purportedly authorized by an election. By petition for rehearing appellee has brought to our attention the enactment of House Bill 3296, Florida Legislature, which became law July 10, 1967, and which, it is insisted, constitutes valid curative legislation which remedies the defects which necessitated our reversal of the Chancellor’s decree.
By the petition for rehearing yve are requested to advance the disposition of the cause, take judicial notice of the statute aforesaid and confirm the decree of the lower court which validated the bonds in question.
We grant the motion to advance, We notice the statute above referred to and decline, at this level and time, tq adjudicate its sufficiency.
Our opinion of May 31, 1967 is withdrawn and the cause remanded to the trial court for reconsideration and redetermination in the light of the cited legislation, which was enacted while the cause was pending here. The trial judge is authorized to allow such amended pleadings and t^ke such further proceedings as may appear appropriate in the premises.1
It is so ordered.
O’CONNELL, C. J., and ROBERTS, DREW, THORNAL, CALDWELL and ERVIN, JJ., concur.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Authorities Cited
- Contractor v. Clements, 201 So. 2d 69 (Fla. 1967)
- State v. The Hosp. Dist. OF Hardee Cnty., 201 So. 2d 69 (Fla. 1967)