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· 7/1/1901

Constant, Benjamin & Co. v. Parish of East Carroll

Citations

  • 105 La. 286

Syllabus

<p>Syllabus.</p> <p>1. It Is now the settled juisprndence that the provision of R. S. 2745, requiring police juries, before they shall levy a tax, either ad valorem or license, for a given year, to prepare, adopt and publish a budget or estimate of expenditures for such year at least thirty days in advance of the levy, is mandatory, and failure of substantial compliance therewith strikes the ordinance levying the tax with. nullity.</p> <p>2. A parish license tax levied and exacted for the whole of the calendar year 1899 (the ordinance prescribing that no half-year license should be issued) predicated on an estimate of expenditures covering only the first half of 1899, is not a compliance with the statute and the exaction is illegal.</p>

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

  • describing “Florida’s independent tort doctrine” as an “off-shoot of the economic loss rule” and explaining that, thereunder, a plaintiff cannot recast breach of contract claims as tort claims”
  • barring constructive fraud claim as to one defendant on the basis of the independent tort doctrine as Plaintiff alleged no conduct separate from the Licensing Agreement upon which that claim could be based
  • “District courts in Florida have thus held that it is well settled that a plaintiff may not recast causes of action that are otherwise breach-of-contract claims as tort claims.” (cleaned up)
  • “The doctrine is an off-shoot of the economic loss rule, which barred tort actions ‘when the parties were in contractual privity and one party sought to recover purely economic damages in tort for matters arising from contract.’” (citation omitted)

Source: CourtListener parenthetical corpus (CC0).

Judges: Been, Bench, Blanchard, Provosty, Seat, Takes

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This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.