State v. Sarasota County, By Ziegler

Decision Date19 October 1934
PartiesSTATE v. SARASOTA COUNTY, by ZIEGLER et al., Board of County Com'rs.
CourtFlorida Supreme Court

Suit by Sarasota County, a political division of the State, duly existing under the laws of said State, by and through F. J. Ziegler and others, constituting the Board of Commissioners of Sarasota County, against the State. From an adverse decree, the defendant appeals.

Reversed and remanded, with directions. Appeal from Circuit Court, Sarasota County; Paul C. Albritton, judge.

COUNSEL

Henry L. Williford and James E. Kirk, both of Sarasota, for appellant.

Winder H. Surrency, of Sarasota, for appellee.

OPINION

PER CURIAM.

Upon consideration of the confession of errors filed in this cause by the appellee, notice of which filing has been duly given to the appellant, as appears of record, it is thereupon considered, ordered, and adjudged by this court that the decree appealed from in this cause be, and the same is hereby, reversed on the authority of the confession of errors filed by the appellee, and that the cause by remanded to the circuit court of Sarasota county, Fla., with directions to said circuit court to permit the filing of such amended and supplemental petition on the part of Sarasota county, Fla., as may be conformable to the opinions and judgments of this court in the following cases decided by this court at its present term, viz., County of Bay v. State of Florida, 157 So. 1, opinion filed September 26, 1934, and State of Florida v. Citrus County, 157 So. 4, opinion filed September 27, 1934, to the end that said circuit court of Sarasota county, upon the filing of such amended and supplemental petition to conform to the opinions of this court hereinabove cited, may proceed anew with said validation proceedings to a proper judgment or decree in the premises not inconsistent with the opinions and judgments of this court in the cases of County of Bay v. State of Florida, supra, and State of Florida v. Citrus County, supra.

Reversed on confession of errors, and remanded.

DAVIS, C.J., and WHITFIELD, TERRELL, and BROWN, JJ., concur.

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1 cases
  • State v. Sarasota County
    • United States
    • Florida Supreme Court
    • March 4, 1935
    ...to make the proceedings and proposed refunding bonds conform to the law of the case as fixed in our previous decisions (State v. Sarasota County, 157 So. 21; Id. (Fla.) 157 So. 22), the chancellor and proceeded to hear and determine anew the question of the validity of the proposed bonds as......

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