# Cone v. State Ex Rel. Whitfield

> Supreme Court of Florida · December 20, 1940 · 145 Fla. 384

URL: https://www.frixlaw.com/law-library/cases/3397962

## Case

- **Full name:** Fred P. Cone, J. M. Lee and W. v. Knott, as and Constituting the Board of Administration, Etc., Et Al., Plaintiffs in Error, v. State Ex Rel. Richard W. Whitfield, Defendant in Error
- **Court:** Supreme Court of Florida
- **Decided:** December 20, 1940
- **Citations:** 145 Fla. 384; 199 So. 327
- **Precedential status:** Published
- **Opinion:** Opinion of the court by Chapman
- **Judges:** Chapman, Terrell, Brown, Buford, Thomas, Adams, Whitfield, Compiled, Laws, Rules
- **Cited by:** 0 later opinions in the Frix Law Library

## Citator (automated)

- No negative treatment found by the automated citator. That is not the same as a confirmation that the case is good law; read the citing cases.
- Full citator and citing cases: https://www.frixlaw.com/law-library/cases/3397962

## Opinion text

Chapman, J.
This case is before the Court on writ of error to review a final judgment of the Circuit Court of Leon County, Florida. It appears from the record that the plaintiff below was the owner of designated and matured interest coupons issued by the Northeast Tampa Special Road and Bridge District No. 6 of Hillsborough County, Florida, and that the Board of Administration of the State of Florida had in its hands and to the credit of the interest and sinking fund account of the district certain gasoline tax money.
The lower court concluded that the funds of the district on deposit with the Board of Administration of the State of Florida could and should be, as a matter of law, applied to the payment of the matured interest coupons on the unrefunded bonds of said district.
*385
The case having been submitted to the Court upon the record and briefs of counsel having been considered, and the Court being of the opinion that the case at bar is ruled by State
ex rel.
Georgia Bond & Mtge. Co. v. Cone, 137 Fla. 412 , 189 So. 47 , and Cone v. State
ex rel.
Massey, 137 Fla. 417 , 189 So. 44 , it is therefore considered, ordered and adjudged by the Court that the final judgment of the circuit court be and the same is hereby affirmed.
Terrell, C. J., Brown, Buford, Thomas and Adams, J. J., concur.
Justice Whitfield not participating as authorized by Section 4687, Compiled General Laws of 1927, and Rule 21-A of the Rules of this Court.

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Source: Frix Law Library, https://www.frixlaw.com/law-library/cases/3397962. Public record. Not legal advice.