Tichenor v. Board of Public Inst. Orange County

Supreme Court of Florida

Tichenor v. Board of Public Inst. Orange County

191 So. 697, 140 Fla. 377, 1939 Fla. LEXIS 1114

DecidedOctober 27, 1939

StatusPublished

This text of 191 So. 697 (Tichenor v. Board of Public Inst. Orange County) is published on Counsel Stack Legal Research, covering Supreme Court of Florida primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Tichenor v. Board of Public Inst. Orange County, 191 So. 697, 140 Fla. 377, 1939 Fla. LEXIS 1114 (Fla. 1939).

Pincite

Opinion

Order

Per Curiam. —

This cause coming on to be heard on the motion of appellees to recall the mandate and for further consideration of our opinion and judgment filed herein August 1, 1939, and it being shown by said motion that the basis thereof was that the resolution authorizing the issuance of the bonds referred to recited that they were issued “pursuant to the Constitution and Laws of the State of Florida, including Chapter 11855, Laws of Florida, Acts of 1927” and did not refer to Chapter 15772, Laws of Florida, Acts of 1931, that by reason of such omission and the fact *378 that Chapter 11855, Acts of 1927, limited maturities of bonds to twenty-five years, any bond maturing at a later period could not be unconditionally approved.

The resolution was ample to contemplate Chapter 15772, Acts of 1931, and the fact that it was not in terms specified is not material. It applies to special tax school districts and states in terms that it is a supplemental and additional grant of power and should not be construed as a repeal of any existing power for the issuance of bonds unless inconsistent therewith.

Chapter 15772, Acts of 1931, was on the books when the bonds in question were issued. It was not questioned by intervenors or taxpayers, so it was applicable to the bonds in question. This being our view, nothing could be accomplished by recalling the mandate. The motion to recall the mandate is denied.

It is so ordered.

Terrell, C. J., Wi-iitfield, Brown, Buford, Chapman and Thomas, J. J., concur.

Free access — add to your briefcase to read the full text and ask questions with AI

Order

Per Curiam. —

This cause coming on to be heard on the motion of appellees to recall the mandate and for further consideration of our opinion and judgment filed herein August 1, 1939, and it being shown by said motion that the basis thereof was that the resolution authorizing the issuance of the bonds referred to recited that they were issued “pursuant to the Constitution and Laws of the State of Florida, including Chapter 11855, Laws of Florida, Acts of 1927” and did not refer to Chapter 15772, Laws of Florida, Acts of 1931, that by reason of such omission and the fact *378 that Chapter 11855, Acts of 1927, limited maturities of bonds to twenty-five years, any bond maturing at a later period could not be unconditionally approved.

The resolution was ample to contemplate Chapter 15772, Acts of 1931, and the fact that it was not in terms specified is not material. It applies to special tax school districts and states in terms that it is a supplemental and additional grant of power and should not be construed as a repeal of any existing power for the issuance of bonds unless inconsistent therewith.

Chapter 15772, Acts of 1931, was on the books when the bonds in question were issued. It was not questioned by intervenors or taxpayers, so it was applicable to the bonds in question. This being our view, nothing could be accomplished by recalling the mandate. The motion to recall the mandate is denied.

It is so ordered.

Terrell, C. J., Wi-iitfield, Brown, Buford, Chapman and Thomas, J. J., concur.

Cite This Page — Counsel Stack

Bluebook (online)

191 So. 697, 140 Fla. 377, 1939 Fla. LEXIS 1114, Counsel Stack Legal Research, https://law.counselstack.com/opinion/tichenor-v-board-of-public-inst-orange-county-fla-1939.