Stubbs v. Florida State Finance Co.

• Decision Date: 21 February 1935
• Parties: STUBBS v. FLORIDA STATE FINANCE CO.
• Court: Florida Supreme Court

159 So. 527

118 Fla. 450

STUBBS v. FLORIDA STATE FINANCE CO.

Florida Supreme Court

February 21, 1935

Bill by the Florida State Finance Company against Mrs. S. J. Stubbs a widow. From an order denying a motion to dismiss the bill of complaint, respondent appeals.

Reversed. Appeal from Circuit Court, Sarasota County Paul C. albritton, judge.

COUNSEL

John F Burket and N. G. & John Fite Robertson, all of Sarasota, for appellant.

Treadwell & Treadwell, of Arcadia, for appellee.

OPINION

BROWN Justice.

This is an appeal from an order denying a motion to dismiss a bill of complaint. The bill was brought in the circuit court of Sarasota county by the former owner of certain lands against the appellant for the purpose of canceling the tax deed conveying said lands. It appears that the tax sale certificates held by the state covering these lands was sold by the clerk of the circuit court under the provision of section 42 of chapter 14572 of the Laws of 1929 (Ex. Sess.). At the same time a number of other certificates were sold by the clerk to some twenty-five different persons, all including the one here in question, for 5 per cent. of the face of the certificates and subsequent taxes. This sale was held in November, 1932. It also appears that the board of county commissioners passed a resolution recommending to the clerk and the state comptroller the acceptance of the various and sundry bids made by the twenty-six different persons, of which the bid made by 'Sam C. Patterson, by J. F. Miller,' was one; the latter bid covering the land in question.

The bill seeks the cancellation of the tax deed mainly upon the ground that J. F. Miller, a member of the board of county commissioners, had submitted a written bid for the tax certificates in question here, signed 'Sam C. Patterson, by J. F. Miller,' and that inasmuch as said Miller was a member of the board of county commissioners and had voted for the resolution recommending to the clerk and the comptroller the acceptance of the various and sundry bids above referred to, he was acting officially upon a matter in which he was personally interested, and that the effect of this was to render illegal the sale of the said tax certificates to Patterson, which it appears were afterwards transferred to the appellant, who later secured the tax deed thereon, which is here sought to be canceled. It is also alleged that the subsequent assignee of the tax certificates, the appellant here, was closely related to said J. F. Miller. The bill does not allege any actual fraud on the part of Miller; what it alleges is that his action amounted to a legal fraud.

It is not necessary for us to deny in any particular the contention of appellee that a public official cannot legally participate in his official capacity in the decision of a question in which he is personally and adversely interested, or as to which he is acting as the agent for another, whose interest is opposed to that of the governmental unit which the official represents, thus causing him to occupy a position where his duty as a public official is in conflict with his personal interest. This principle has many times been recognized by this court and is not only founded upon a wholesome...