Judges: PER CURIAM. —
Attorneys: Vocelle Mitchell and H. A. Lasseter, Attorneys for Relators;
W. J. Gardiner, Attorney for Ben D. Thursby, et al.
H. A. Henderson, Attorney for Ed Johnson, et al.
Filed: Jan. 25, 1932
Latest Update: Mar. 02, 2020
Summary: This is a case of original jurisdiction wherein it appears that the legislature of 1931 enacted a law, House Bill No. 1306, (Chapter 14776, Laws of Florida, 1931, p. 558) abolishing the Board of Bond Trustees of Ocean Shore Improvement District, a special taxing district comprising certain territory in Flagler and Volusia Counties. Prior to the enactment of this *Page 105 statute, it was the duty of the said Board, on or before July first of each year, to make and submit to the Boards of County
Summary: This is a case of original jurisdiction wherein it appears that the legislature of 1931 enacted a law, House Bill No. 1306, (Chapter 14776, Laws of Florida, 1931, p. 558) abolishing the Board of Bond Trustees of Ocean Shore Improvement District, a special taxing district comprising certain territory in Flagler and Volusia Counties. Prior to the enactment of this *Page 105 statute, it was the duty of the said Board, on or before July first of each year, to make and submit to the Boards of County C..
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By petition for rehearing relators contend that the holding of the Court in the original opinion
was too broad; that if that ruling stands it will in all probability deprive relators of ever being able to enforce their constitutional rights to a tax levy, in that hereafter the Board of Trustees can purposely refuse to make the estimate required by the statute as a condition precedent to the tax levy, so that before a tax levy can be obtained by mandamus, the time for opening the books for collection of taxes will have elapsed, thereby defeating the writ under the principles stated in the original opinion.
In this case no such default appeared. The principles stated in the original opinion are particularly applicable only to that kind of a case, and the opinion, as in any case decided here, should be limited to the character of case that was before the Court. Smitz v. Wright, 64 Fla. 485,60 Sou. Rep. 225.
The rule is well settled that officers required to perform a duty for the benefit of holders of public securities can not by their own neglects and defaults defeat the granting of relief when seasonably applied for, and to that rule we still adhere. Board of Comm'rs of LaFayette County v. Hadley, 63 Fla. 90,59 Sou. Rep. 14; State ex rel. Berkemeyer v. Gaines, Assessor,100 Fla. 1372, 131 Sou. Rep. 115.
Rehearing denied.
BUFORD, C.J., AND WHITFIELD, ELLIS, TERRELL AND DAVIS, J.J., concur.
