[Download] "Bay National Bank and Trust Company v. Fred O. Dickinson" by First District. District Court of Appeal of Florida # eBook PDF Kindle ePub Free
eBook details
- Title: Bay National Bank and Trust Company v. Fred O. Dickinson
- Author : First District. District Court of Appeal of Florida
- Release Date : January 18, 1969
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 74 KB
Description
From the allegations of the complaint it affirmatively appears that appellant is a banking corporation licensed and doing business in Panama City. Appellee Dickinson, as State Commissioner of Banking, approved an application made by the named appellees for authority to organize a corporation to transact a general banking business in the adjoining community of Springfield, some three miles distant from the banking facility operated by appellant. The Commissioners certificate of authorization was issued by him after investigation but without having first conducted a public hearing on the application. Based upon such authorization, the appellee Tom Adams, as Secretary of State, issued to the applicants therefor articles of incorporation as authorized by law. Appellant contends that the law mandatorily requires the Commissioner to hold a public hearing on every application made to him for approval to engage in the banking business in order that all interested parties might appear, offer evidence, cross-examine witnesses, and otherwise engage in an adversary proceeding on the merits of the application. Appellant contends that failure of the Commissioner to hold such a public hearing in this case violated the provisions of the statutes of this state and deprived it of procedural due process as guaranteed by the Constitutions of the State of Florida and the United States. The complaint prays for a declaration of its rights in the premises, and for judgment finding that the Commissioner abused his official discretion in approving appellees application without a formal public hearing thereon, thereby rendering void his certificate of authorization to transact a banking business in this state.
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