108 So. 2d 764 | Fla. | 1959
The State of Florida appeals from a final decree of the Circuit Court of Dade County validating $2,909,000 water revenue bonds and $5,445,000 sewer revenue bonds of the City of North Miami Beach, Florida.
Thirteen errors were assigned but the only question presented for decision by ap
There is no merit in the State’s contention. The provision of the Home Rule Charter vesting this power in the Board of County Commissioners is not self-operating.
Appellee City presents nine points for our determination and argues them at length. There was no cross-appeal and inasmuch as none of said points were argued by appellant and none present any jurisdictional or fundamental error apparent in the record on appeal we decline to notice them.
Affirmed.
. The exact language of the Charter follows:
“A. The Board of County Commissioners shall be the legislative and the governing body of the County and shall have the power to carry on a central metropolitan government. This power shall include but shall not be restricted to:
# * >}: * *
“(9) Provide and regulate or permit municipalities to provide and regulate waste and sewage collection and disposal and water supply and conservation programs.”
. Fla.1958, 103 So.2d 185. 188.
. Compare State ex rel. Matthews v. Alsop, 1935, 120 Fla. 628, 163 So. 80. Also see Miami Shores Village v. Cowart, Fla., 108 So.2d 468.
. Florida Appellate Rule 3.7, subd. i, 31 F.S.A. provides:
“Points Not Argued, Are Abandoned. Such assignments of error as are not argued in the briefs will be deemed' abandoned and may. not be argued orally. However, the Court, in the interest of justice, may notice jurisdictional or fundamental error apparent in the record-on-appeal, whether or not it has been argued in the briefs or made the subject of an assignment of error, or of an objection or exception in the court below.”