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Garson v. BRD of Co. Comm

District Court of Appeal of Florida, First District
Jul 24, 2001
791 So. 2d 1164 (Fla. Dist. Ct. App. 2001)

Opinion

Case No. 1D00-2815

Opinion filed July 24, 2001.

An appeal from the circuit court for Alachua County. R. A. Green, Jr., Senior Judge.

Joseph W. Little, Gainesville, Attorney for Appellants.

Robert M. Ott, County Litigation Attorney, Gainesville, Attorney for Appellee Board of County Commissioners of Alachua County.

Stephen H. Grimes, of Holland Knight, LLP, Tallahassee; Scott D. Makar of Holland Knight, LLP, Jacksonville, Attorneys for Appellees Alachua General Hospital, Inc.

and Santa Fe Health care, Inc. William E. Kuntz and Earl E. Googe, Jr. of Smith, Hulsey Busey, Jacksonville, Attorneys for Appellee Shands Teaching Hospital and Clinics, Inc.


Before us are two consolidated cases concerning the sale of Alachua General Hospital.

We affirm all issues raised in both appeals. In Case 1D00-2829, Appellants have failed to demonstrate any special injury, and therefore only have standing to raise the issue of whether the sale of Alachua General Hospital violated Article VII, section 10 of the Florida Constitution. We hold that the sale was constitutional because the only bonds issued in connection with this transaction were revenue bonds, which do not pledge the full faith and credit of the State of Florida or Alachua County. See Linscott v. Orange Co. Indus. Dev. Auth., 443 So.2d 97 (Fla. 1983). Because the 1983 conveyance of Alachua General Hospital involved no obligation of public funds and no use of public credit, no violation of Article VII, section 10, of the Florida Constitution occurred.

As to all other issues raised in Cases 1D00-2815 and 1D00-2829, we affirm.

AFFIRMED.

BOOTH, KAHN and PADOVANO, JJ., CONCUR.


Summaries of

Garson v. BRD of Co. Comm

District Court of Appeal of Florida, First District
Jul 24, 2001
791 So. 2d 1164 (Fla. Dist. Ct. App. 2001)
Case details for

Garson v. BRD of Co. Comm

Case Details

Full title:MICHAEL DON GARSON and ALLEN Y. DELANEY; Appellants, v. BOARD OF COUNTY…

Court:District Court of Appeal of Florida, First District

Date published: Jul 24, 2001

Citations

791 So. 2d 1164 (Fla. Dist. Ct. App. 2001)

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Garson v. Board of County Com'rs, Alachua Cty

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