City of Orlando v. Water (50 Fla. 207, 1905)

Whitfield, J.

On December 31st, 1904, a petition was filed in the Circuit Court for Orange county by the defendants in error, under the provisions of Section 722 of the Revised Statutes of 1892, in which it is alleged that by an ordinance adopted December 1st, 1904, and approved by the Mayor December 2nd, 1904, “The City Council of the city of Orlando does hereby declare its intention to annex at the expiration of thirty days from the approval of this ordinance a tract of land adjoining the said city on the North,” describing it; that petitioners object to such annexation, briefly stated, because the district proposed to be annexed is so remotely situated from the thickly settled portions of the city of Orlando that it would receive no advantages of lights and police protection, because it would be in no way benefited, but would be burdened with additional taxes without benefit therefrom, and because said district is sparsely settled with less than ten registered voters and petitioners prefer to live in the country and would receive no pleasure or profit by being taken into the city.

The transcript recites that “on the 19th day of January, 1905, the court, due notice being given of the hearing,” issued an order on the petition for a notice to be issued by the clerk to be served on the mayor fixing February 13th, 1905, for the hearing on said application. The notice v/as issued by the clerk and was served on the mayor of the city of Orlando who filed an answer in which it is contended that the court should not proceed with said petition because the ordinance above referred to was passed December 1st, 1904, and approved by the mayor December 2nd, 1904, and that consequently the last day for filing objections by way of presenting a petition and obtaining an order staying the proceeidngs therein was January 2nd, 1905; that the paper filed as a petition herein was filed in the clerk’s office of the court on December 31st, 1904, but was not presented to the Circuit Judge until January 28th, 1905; that said city having no notice of said application at the time, and no order restraining it having been issued, the city council of said city on January 3rd, 1905, passed, and on January 4th, 1905, the mayor approved an ordinance annexing said district to the