Supreme Court of Florida, 1928

State v. City of Avon Park

Supreme Court of Florida · Decided October 16, 1928 · Whitfield, Terrell, Buford, Strum, Brown

118 So. 223; 96 Fla. 494 (Southern Reporter)

Cases that cite this one

6 later published cases cite this decision.

North Shore Bank v. Town of Surfside (Fla. 1954)
Morin v. City of Stuart (5th Cir. 1940)
State Ex Rel. Attorney General v. City of Avon Park (Fla. 1933)
State, Ex Rel. v. Broward County Port Authority (Fla. 1933)
Sullivan v. City of Tampa (Fla. 1931)
City of Lake Alfred v. Lawless (Fla. 1931)

This list shows which later cases cite this one. It does not say how they treated it, and no review of that has been done. Not a substitute for Shepard’s or KeyCite — verify before relying.

Opinion of the Court

Per Curiam.

The City of Avon Park attempted to issue bonds under a general act, Chapter 11855, Acts of 1927, effective June 6, 1927, relating to the issue of municipal bonds. The Circuit Judge validated the bonds. An appeal was taken. Chapter 12514, Acts of 1927, a special act, effective June 6, 1927, relating to the incorporation and to *495 the powers and privileges of the City of Avon Park, contains materially different provisions for the issue of bonds by that city, which provisions were not followed in attempting to issue the bonds. Under Sec. 24 of Article .III of the State Constitution the provisions of the special law are applicable to the exclusion of inconsistent provisions in the general law. See City of Apalachicola v. State, 93 Fla. 921, 112 So. R. 618. This rule is applicable to statutes that became effective on the same day.

Reversed.

Whitfield, P. J., and Terrell and Buford, J. J., concur. Strum and Brown, J. J., concur in the opinion and judgment.

Case-law data current through December 31, 2025. Source: CourtListener bulk data.