Chavous v. Goodbread
| Decision Date | 30 November 1945 |
| Citation | 156 Fla. 599,23 So.2d 761 |
| Parties | CHAVOUS v. GOODBREAD. |
| Court | Florida Supreme Court |
Rehearing Denied Dec. 11, 1945.
Appeal from Circuit Court, Dixie County; R. H. Rowe, Judge.
W. P. Chavous, of Cross City, for appellant.
J. L. Blackwell, of Live Oak, for appellee.
Appellant filed a bill in equity challenging the validity of Chapter 22241, Special Acts of 1943. The lower court dismissed the bill on motion and appellant appeals.
Chapter 22241 was a special act which abolished and recreated, with cretain changes, the Town of Cross City. It is urged that the act was void, among other reasons, because notice was not published as required by Article III, Section 21, Florida Constitution. Appellee, in effect, says that because of Article VIII, Section 8, Florida Constitution, Article III, Section 21 had no application. This is erroneous for in State ex rel. v. Couch et al., 139 Fla. 353, 190 So. 723, we recognized the application of Section 21 to a municipal corporation. See also State v. City of Miami, 153 Fla. 653, 15 So.2d 481.
The propriety of attack by bill in equity is equstioned and our attention has been called to Morin v. City of Stuart, 5 Cir., 111 F.2d 773, 129 A.L.R. 250.
Precedent in this court exists to authorize equity to entertain jurisdiction where the validity of the charter is brought into question by a party who has a justiciable cause. See City of Sarasota v. Skillen et al., 130 Fla. 724, 178 So. 837; City of Winter Haven et al. v. Klemm & Son, 132 Fla. 334, 181 So. 153; Klemm & Son v. City of Winter Haven et al., 141 Fla. 60, 192 So. 652.
The decree is reversed for further and appropriate proceedings.
Reversed.
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Luke v. City of St. Petersburg
...This Court has recognized that as amended in 1938, Article 3, Section 21, limits the effect of Article 8, Section 8. Chavous v. Goodbread, 1945, 156 Fla. 599, 23 So.2d 761; State ex rel. Gibbs v. Couch, 1939, 139 Fla. 353, 190 So. 723. See also City of Hialeah v. Pfaffendorf, Fla.1956, 90 S......
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Chavous v. Goodbred
... ... Chavous, of Cross City, for appellant ... J. L ... Blackwell, of Live Oak, for appellee ... ADAMS, Justice ... Upon this appeal we ... review a decree on final hearing dismissing a bill in equity ... Previously we held the bill good. Chavous v ... Goodbread, 156 Fla. 599, 23 So.2d 761. Thereafter an ... answer was filed and testimony taken and upon final hearing ... the bill was dismissed ... The first question ... is whether the required notice of local legislation under ... Article III, Section 21, Florida Constitution and Section ... ...
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...in Standard Kaolin Co. v. Special Road & Bridge Dist. No. 13 of Lake County, 101 Fla. 823, 132 So. 864. See also Chavous v. Goodbread, 156 Fla. 599, 23 So.2d 761, and State ex rel. Gibbs v. Couch, 139 Fla. 353, 190 So. 723, wherein this court recognized the application of Section 21 of Arti......