State Ex Rel. Florida Nat. Bank At St. Petersburg v. State Board of Administration

• Decision Date: 04 May 1934
• Citation: 115 Fla. 753,154 So. 876
• Parties: STATE ex rel. FLORIDA NAT. BANK AT ST. PETERSBURG v. STATE BOARD OF ADMINISTRATION et al.
• Court: Florida Supreme Court

154 So. 876

115 Fla. 753

STATE ex rel. FLORIDA NAT. BANK AT ST. PETERSBURG v. STATE BOARD OF ADMINISTRATION et al.

Florida Supreme Court

May 4, 1934

Original mandamus action by the State, on the relation of the Florida National Bank at St. Petersburg, against the State Board of Administration and others. On motion to quash the alternative writ of mandamus.

Motion denied.

COUNSEL W. B. Dickenson, of Tampa, for relator.

Cary D Landis, Atty. Gen., and H. E. Carter and J. V. Keen, Asst Attys. Gen., and John C. Blocker, of St. Petersburg, for respondents.

OPINION

DAVIS Chief Justice.

The alternative writ of mandamus in this case was brought against the individual members as and constituting the board of administration of the state of Florida (chapter 14486, acts 1929 (Ex. Sess.), the county of Pinellas state of Florida, the various members as and constituting the board of county commissioners of Pinellas county, and also against Karl B. O'Quinn, as clerk of the Pinellas county board of county commissioners.

The object of the suit is that the respondents, state board of administration, the county of Pinellas, the members of the board of county commissioners of Pinellas county, and the clerk of the said board shall, without undue delay, be required to pay each and every of the relator's interest coupons derived from certain bonds therefor issued by special road and bridge district No. 13 of Pinellas county and held by relator, out of any funds in respondents' possession or in the possession of either of said respondents, provided for that purpose, upon presentment of said coupons by the relator for payment.

The defense interposed is a motion to quash the alternative writ. This motion we hold should be overruled for the following reasons:

The alternative writ alleges that there is in the sinking fund of special road and bridge district No. 13, of Pinellas county as credited to it by the state board of administration, already allocated to the payment of interest on the bonds whose coupons relator holds, more than the sum of $60,000. It furthermore alleges that relator's demand is for the payment of only $1,050 due him on his interest coupons, which $1,050 due relator, plus all other outstanding obligations that special road and bridge district No. 13 owed and was due to pay as of the date of the issuance of the alternative writ, amounted to a total of $46,890, which the $60,000 on hand in the sinking fund and allocated to payment of demands of relator and others similarly situated exceeds by $14,000 the total amount necessary to pay all current obligations due by the special road and bridge district respondent.

In disposing of the motion to quash the alternative writ, it is elementary that the allegations of the writ must be considered as true for the purpose of ruling on the motion. By these allegations it affirmatively appears that the respondents are failing to make any distribution of available funds on hand, notwithstanding such available funds were applicable to the discharge of relator's claim without undue prejudice to others equally entitled to participate in the distribution of the fund at the time the alternative writ was granted. Relator's demand, according to the allegations before us, is for the payment of $1,050 past-due interest coupons. There is in the fund, according to other allegations of the writ, applicable and available to pay relator's coupons, a total of $60,000 in the interest and sinking fund credited to the account of special road and bridge district No. 13, Pinellas county, the fiscal affairs of which are under chapter 14486, Acts 1929 (Ex. Sess.), placed under the management and control of the state board of administration, a respondent in this case.

It specifically alleged on this point as follows:

'Your petitioner would further respectfully show unto this Honorable Court, that the said Special Road and Bridge District now owes a total sum of $46,890.00 past due interest on bonds issued as aforesaid, and that the said Special Road and Bridge District No. 13 of Pinellas County, Florida, now has on hand and under the control of the said Board of Administration, more than $60,000.00 available for the purpose of paying the past due interest on bonds of said Special Road and Bridge District No. 13 of Pinellas County, Florida, that therefore the said Special Road and Bridge is amply able to pay and discharge the said past due interest, but that the respondent, the Board of Administration, through its various members as aforesaid, and the Board of County Commissioners of Pinellas County, Florida, through its members as aforesaid, have failed, neglected and refused to pay to the relator the interest due as aforesaid, although demand has been formerly made upon each of the said Boards, respondents hereto, to pay and discharge the same. The relator would further respectfully show unto this Honorable Court that on September 22nd, 1933, the said Board of County Commissioners of Pinellas County, Florida, in session, adopted their budget for the fiscal year 1933-34, and at that time by their said budget as adopted, did allocate to the payment of interest on District No. 13, of Special Road and Bridge District No. 13, of Pinellas County, Florida, the gasoline tax revenues allocated by the said respondent, Board of Administration to Special Road and Bridge District No. 13 of Pinellas County, Florida, for the said fiscal year, and did by resolution, a certified copy of which is hereto attached, and made a part hereof, levy an ad valorem tax upon all property situate, lying and being in Special Road and Bridge District No. 13 of Pinellas County, Florida, in the sum of three mills for the purpose of providing for interest and sinking fund upon bonds issued as hereinbefore stated.'

Where interest coupons on outstanding special road and bridge district bonds are past due, and there are on hand and available for paying such interest coupons sufficient applicable funds in the interest and sinking fund account of the obligor special road and bridge district, whose fiscal affairs are being administered by the state board of administration as provided for in chapter 14486, Acts 1929 (Ex. Sess.), supra, it is the clear legal duty of the state board of administration to disburse and make available the...