Supreme Court of Florida, 1936

Pentecost v. City of Fort Myers

Supreme Court of Florida · Decided August 3, 1936 · Ellis, Whitfield, Brown, Buford, Davis

169 So. 645; 125 Fla. 152; 1936 Fla. LEXIS 1244 (Southern Reporter)

Cases that cite this one

3 later published cases cite this decision.

State v. City of Deland (Fla. 1938)
State v. City of Pensacola (Fla. 1938)
Brooks v. City of Jacksonville (Fla. 1937)

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

This appeal is from a decree dismissing a bill of complaint seeking to enjoin the issue by the City of Fort Myers of $129,000.00 of "Waterworks Revenue Certificates" *Page 153 for the purpose of making additions and improvements to an existing waterworks system of the city, without the approval of the freeholder electors of the city as is required by Section 6, Article IX, of the Constitution of Florida, as amended in 1930. The revenue certificates are to be paid solely from the revenue derived from the operation of the said waterworks system and not otherwise.

The decree should be affirmed on the authority of State, exrel., v. City of Miami, 113 Fla. 280, 152 So. 6; State v. City of Daytona Beach, 118 Fla. 29, 158 So. 300; Boykin v. Town of River Junction, filed July 17, 1936; Williams v. Town of Dunnellon, and Bradley v. City of Homestead, decided at this term.

Affirmed.

WHITFIELD, C.J., and BROWN, BUFORD and DAVIS, J.J., concur.

ELLIS, P.J., concurs upon the principle announced in his specially concurring opinion in the case of State, ex rel.. City of Vero Beach, v. MacConnell, this day filed.

Concurring Opinion

Ellis, P. J.,

concurs upon the principle announced in his specially concurring opinion in the case of State, ex rel., City of Vero Beach, v. MacConnell, this day filed.

Case-law data current through September 30, 2026. Source: CourtListener bulk data.