R. L. Bernardo & Sons, Inc. v. Duncan

This is the third appearance of this case in this Court.

On the original appeal, one of the critical questions presented for decision was the right of appellee to institute this suit in the trial court. Appellant correctly contended that the suit was a type of action which could lawfully he instituted and maintained only by a taxpayer of the governmental unit whose funds were involved. Appellant further emphasized that the complaint failed to allege that appellee was a taxpayer of Panama City, and in addition, there was no competent proof in the record that appellee occupied such a taxpayer…