CopyCited 46 times | Published | Supreme Court of Florida | 1955 Fla. LEXIS 3498
...for the issue must be set out, Section
75.04, if the decree "validates the bonds" it is conclusive of all matters adjudicated against the parties it affects and prohibits the calling into question of proceedings or remedies provided for collection. Section
75.09....
CopyCited 37 times | Published | Supreme Court of Florida | 2001 WL 776541
...*945 Section
75.01, Florida Statutes (2000), vests the circuit courts with "jurisdiction to determine the validation of bonds and certificates of indebtedness and all matters connected therewith." (Emphasis added.) It is the meaning of the phrase "all matters connected therewith" which is the crux of the instant appeal. Section
75.09, Florida Statutes (2000), provides that the final judgment in a bond validation proceeding is "conclusive as to all matters adjudicated against plaintiff and all parties affected thereby, including all property owners, taxpayers and cit...
...See City of Miami,
103 So.2d at 190 (reversing portions of the judgment addressing two collateral issues with directions that the trial court delete them). If the matter was a proper part of the bond validation proceeding, then the final judgment will necessarily foreclose any further challenges. See §
75.09, Fla....
...ing. Having determined that the validation of the mandatory connection requirement was a proper part of the bond validation proceeding, we find that issue two is moot and that the final judgment will necessarily foreclose any further challenges. See § 75.09, Fla....
CopyCited 13 times | Published | Supreme Court of Florida | 2001 WL 776464
...hat the "complaint shall set out the plaintiffs authority for incurring the bonded debt or issuing certificates of debt ... the amount of the bonds or certificates of indebtedness to be issued and the interest they are to bear." (Emphasis supplied.) Section 75.09, Florida Statutes (2000), provides that the final judgment in a bond validation proceeding is forever conclusive as to all matters adjudicated against plaintiff and all parties affected thereby, including all property owners, taxpayers...
CopyCited 8 times | Published | Supreme Court of Florida | 16 Fla. L. Weekly Supp. 579, 1991 Fla. LEXIS 888, 1991 WL 169539
...ayer challenges to referenda of the type at issue here. §
100.321, Fla. Stat. (1989). The trial court's judgment, which we sustain today, thus is "forever conclusive as to all matters adjudicated against plaintiff and all parties affected thereby." §
75.09, Fla....
CopyCited 8 times | Published | Florida 2nd District Court of Appeal
...mposed thereby were pledged in repayment. [10] At least thirty million dollars worth of these bonds remain outstanding. These bonds having been validated, appellants may now be barred from attacking the validity of the ordinance by the provisions of § 75.09, F.S.A., the purpose of which is to finalize, and render res judicata, all issues which may be raised in a bond validation proceeding....
CopyCited 4 times | Published | Supreme Court of Florida
...Dicus, Owens, Satterfield & Stamathis, Tarpon Springs, for petitioner. Bussey & Simmons, St. Petersburg, for respondent. THORNAL, Justice. The petitioner City of Dunedin by petition originating in this court seeks certain *301 relief under Chapter 29691, Laws of Florida 1955, Section 75.09, Florida Statutes 1955, F.S.A....
...diction of the cause. Such jurisdiction would necessarily be based on the statute. We must therefore determine first the constitutionality of the Act which attempts to confer such jurisdiction. Section 1 of the Statute is a comprehensive revision of Section 75.09, Florida Statutes, as theretofore written....
...the effect that every effort should be made to sustain the constitutionality of a legislative enactment. In the case at bar the effort has been made but the statute does not meet the test of the organic law. Section 3 of Chapter 29691, supra, F.S.A. § 75.09 note, constitutes a very comprehensive severability clause which clearly indicates the legislative intent to retain in effect any valid provisions of the statute even in the presence of the invalidity of other provisions. Giving full scope to the expressed intent of the Legislature, we, therefore, hold to be constitutional that portion of Section 1, Chapter 29691, Laws of Florida 1955, reading as follows: "Section 1. That section 75.09, Florida Statutes, be and the same is hereby amended so as to read as follows: "`Section 75.09....
CopyCited 4 times | Published | Supreme Court of Florida
...They argue further that since the bond ordinance pledges the "gross revenues" of the utility system as security for the payment *1166 of the bond obligations, the surcharge, found by the trial court to be unauthorized, must be challenged in this proceeding since it is part of the system's "gross revenues." Referring to section 75.09, Florida Statutes (1977), [3] they assert that the questions of the legality of the surcharge, the segregation of revenues, and revenue transfer practices must be addressed in these proceedings or be forever foreclosed....
...The judgment of validation is otherwise affirmed. It is so ordered. ENGLAND, C.J., and ADKINS, OVERTON, SUNDBERG, HATCHETT and ALDERMAN, JJ., concur. NOTES [1] No. 78-662-CA (Fla. 8th Cir. Ct. May 7, 1978); Record on appeal at 26. [2] Record on appeal at 98. [3] 75.09 Effect of final judgment....
CopyCited 1 times | Published | Supreme Court of Florida | 160 Fla. 324, 1948 Fla. LEXIS 677
...An answer to the following question should be determinative of this controversy. May the City of Anna Maria, a municipal corporation, and its taxpayers, approximately twenty years after the issuance, sale and delivery of the bonds pursuant to a decree of validation, in light of the provisions of Section 75.09, F.S.A., and our adjudications, now be heard on the question of whether said bonds should have been signed by the members of the City Commission or some other officials of the City of Anna Maria? Section 75.09, F.S.A., Pfpvides: “Effect of Final Decree....
CopyPublished | District Court of Appeal of Florida
...iscretionary’.” 5 The decree appealed is accordingly affirmed. STURGIS, C. J., and RAWLS, J., concur. . McNamara v. City of Jacksonville Beach, (Fla.1963)
159 So.2d 97 . . Williams v. Town of Dunnellon et al.,
125 Fla. 114 ,
169 So. 631 . . F.S. §
75.09, F.S.A....
CopyAgo (Fla. Att'y Gen. 1978).
Published | Florida Attorney General Reports
statutes providing for validation proceedings. Section
75.09, F. S., provides: If the judgment validates
CopyPublished | Florida 1st District Court of Appeal | 1991 Fla. App. LEXIS 5033, 1991 WL 90966
...pared to adequately address these issues in the one-day hearing. 4 Accordingly, we reverse the order of summary judgment as it pertains to Counts I, VI, IX, and XV. The City also claims that the doctrine of res judicata is statutorily encompassed by Section 75.09, Florida Statutes (1989), thus Warner’s claims were barred pursuant to that statute....
...any taxes, assessments or revenues pledged for the payment thereof, or of the proceedings authorizing the issuance thereof, including any remedies provided for their collection, shall never be called in question in any court by any person or party. § 75.09, Fla.Stat. (1989). However, in Warner I, the supreme court affirmed the final judgment only insofar as it pertained to the narrow issues appropriate to a bond-validation proceeding. We conclude that section 75.09 precludes any relitigation of those narrow issues, but has no bearing on issues ruled by the supreme court to have been collateral and not properly heard in such hearing....
...was properly addressed in a bond-validation proceeding. Neither of these issues was included in any of Warner’s struck affirmative defenses in the first action. The supreme court affirmed the trial court’s approval of the bond issue, therefore, section 75.09 bars Warner from raising either of the issues included in Counts IV and V....
CopyPublished | District Court of Appeal of Florida | 1977 Fla. App. LEXIS 16205
...At the time of filing, only two business days remained before the originally scheduled closing date for the sale. The trial court also ruled that it was precluded from reviewing the first four allegations of the complaint, which related to the validity of the bond issue. In support of this ruling, the court observed that Section 75.09, Florida Statutes, prohibits collateral review of bond issues where there has been a court determination upholding the validity of such an issue....
...ice. Although there are preliminary procedural questions at issue here, we will not consider them in light of our belief that the trial court properly ruled on the merits of the complaint. Cf. Terwilligar v. Ballard,
64 Fla. 158 ,
59 So. 244 (1912). Section
75.09, Florida Statutes, expresses an unequivocal legislative statement regarding the finality of court judgments which rule upon the validity of bond issues....
...cope of the project which was authorized by the voters of Dade County and affirmed by the Supreme Court in Merrill, supra. We therefore find that the trial judge correctly determined that the Supreme Court’s decision in Merrill is, in the words of Section 75.09, “forever conclusive” as to the matters raised by the first four counts of appellants’ complaint....
CopyPublished | District Court of Appeal of Florida | 1992 Fla. App. LEXIS 106, 1992 WL 1337
...Furthermore, the bond validation, filed by the city pursuant to city ordinance and resolution, culminated in a final judgment validating the bonds for which the subject assessment was made. Steinberg, though familiar with the proceeding, did not intervene and thus the validity thereof is now res judicata. Section 75.09, Florida Statutes....
CopyPublished | Supreme Court of Florida
...ANY SUIT PERTAINING TO THE 1963 BONDS SUBSEQUENT TO VALIDATION THEREOF BY THE CIRCUIT COURT.” The injunction contained in the final decree is consonant with that which we conceive to have been the legislative intent at the time of the enactment of Section 75.09,’ 3 *518 Florida Statutes, F.S.A., such intent being that a decree of validation entered pursuant to Chapter 75, Florida Statutes, F.S.A., should be final in all respects as to all parties affected thereby, subject only to the right of appeal....
...ost and other preliminary engineering and other studies; provided, however, that the aggregate amount of moneys expended for said purposes by said state road department shall not exceed the sum of three hundred seventy-five thousand dollars.” . “75.09 Effect of final decree....
CopyPublished | Supreme Court of Florida | 1983 Fla. LEXIS 2362
...g. Hall’s right to intervene under section 75.-07, Florida Statutes (1981), or to appeal under section
75.08, Florida Statutes (1981), has long since expired. To allow him to challenge the judgment in such a circuitous fashion flies in the face of section
75.09, Florida Statutes (1981), * which evinces obvious legislative intent that judgments validating bonds are forever conclusive as to all matters adjudicated against all parties affected thereby if no appeal is taken within the time prescribed....
...Having failed to timely appeal the validation proceeding, Hall has no standing to challenge the finality of that judgment. The appeal is accordingly dismissed. It is so ordered. ALDERMAN, C.J., and ADKINS, BOYD, OVERTON, McDonald, EHRLICH and SHAW, JJ., concur. 75.09 Effect of final judgment....
