17 So. 2d 109 | Fla. | 1944
This is an appeal from a decree of the Circuit Court of the 12th Judicial Circuit, in and for Sarasota County, entered January 28, 1944, validating the issuance of certain refunding bonds, issued by the City of Sarasota.
Appellant raises but two questions. The first is, in our opinion, answered by the previous decisions of this Court, which decisions support the chancellor's decree on that question.
The second question, which is a new one in this jurisdiction, relates to a matter of procedure. The petition for validation was filed December 7, 1943, and on that day an order entitled "notice and order to show cause," directed to the State of Florida and the property owners and tax payers, was entered by the Court, pursuant to Section
Section
"75.05 Rule nisi and service. — The judge of the circuit court, wherein the petition is filed, shall, upon the filing and presentation thereof, make and issue an order in general terms in the form of a notice directed against the State of Florida and against the several property owners, taxpayers, citizens and others having or claiming any right, title or interest in property to be affected by said issuance of bonds or certificates, or to be affected in any way thereby, requiring, in general terms and without naming them, all such persons, and the State of Florida through its state attorney or attorneys of the circuits wherein said county, municipality or district lies, to appeal at a time and place within the circuit wherein the petition is filed, to be designated in such order, and show cause why the prayers of the petition should not be granted and the proceedings and bonds or certificates validated and confirmed as therein prayed."
It is argued that the statute limits the time for the making of the order to show cause to the time when the petition is filed and presented. Undoubtedly the general rule in this jurisdiction is that the provisions of constructive service statutes must be substantially complied with. However, the purpose of Section
The first section of the validating statute, Section
Statutory proceedings for the validation of bonds are remedial in their nature, the purposes being to facilitate an adjudication as to the regularity and validity of the steps taken to issue the bonds. The proceedings must in substance be in compliance with the statutory requirements. City of West Palm Beach v. State,
Our validation statute was adopted largely from the Georgia statute on the same subject. Weinberger v. Board of Public Instruction,
The jurisdiction of the court was invoked by the filing of the petition in the proper court, and jurisdiction of the parties was subsequently obtained by compliance with the provisions of Section
While it is most forcefully and plausibly argued that under said Section
"At the time and place designated in the order for hearing, provided for in Section
Our conclusion is that the circuit judge followed a very sensible and reasonable course in this matter and that his action with reference thereto was a substantial compliance with the statute and certainly with its purpose and intent.
The decree appealed from is hereby
Affirmed.
BUFORD, C. J., THOMAS and SEBRING, JJ., concur.