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CAROL CITY UTILITIES, INC. v. DADE COUNTY

No. 62-229.

143 So.2d 828 (1962)

CAROL CITY UTILITIES, INC., a Florida Corporation, Appellant, v. DADE COUNTY, a Political Subdivision of the State of Florida; Thomas F. Carney, James C. Edgerton, Bernard Janis, William J.H. Taylor and Sam Weissel, Each Individually and As a Claimant to the Office of, Member of an As to the Persons Collectively Purporting to Constitute and Act As the "Metropolitan Dade County Water and Sewer Board"; and the Board of Public Instruction of Dade County, Florida, a Body Corporate Incorporated by Act of the Legislature of the State of Florida, Appellees.

District Court of Appeal of Florida. Third District.

Rehearing Denied September 11, 1962.

Attorney(s) appearing for the Case

Walton, Lantaff, Schroeder, Atkins, Carson & Wahl and James Knight, Miami, for appellant.

Darrey A. Davis, County Atty., and Thomas C. Britton, Asst. County Atty., Bolles & Prunty and Peter Nimkoff, Miami, for appellees.

Before PEARSON, TILLMAN, C.J., HORTON, J., and LOPEZ, AQUILINO, Jr., Associate Judge.

PEARSON, TILLMAN, Chief Judge.

This is an appeal by Carol City Utilities, Inc. whose complaint seeking a declaratory decree was dismissed in the circuit court. The appeal was first lodged in the Supreme Court of Florida upon the jurisdictional basis that the decree necessarily passed upon the validity of certain State statutes because the plaintiff had asked the circuit court to declare the statutes unconstitutional. The Supreme Court declined to accept jurisdiction...

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