METROPOLITAN DADE COUNTY, FLORIDA, FOR THE USE OF OR SALE BY THE DADE COUNTY PUBLIC SAFETY DEPARTMENT, APPELLANT,

v.

DAVID MARTIN, AND A 1978 LINCOLN VERSAILLES, BEARING FLORIDA TAG # BRS-070, VIN # 8W84F803783, APPELLEES

Citator

Cited By

• W. Palm Beach Ass'n OF Firefighters v. Bd. of City Comm'rs of the City of W. Palm Beach, 448 So. 2d 1212 (Fla. 4th DCA 1984)
  …itutional. Dade County, supra. On the other hand, a proposal that is unconstitutional only in part or is invalid on nonconstitutional grounds is not cognizable by the court prior to a proposed election. Rivergate Restaurant Corp. v. Metro Dade Cty., 369 So. 2d 679 (Fla. 3d DCA 1979). Thus, in the present case it was appropriate for the court to entertain and decide the constitutional question because the city contended the ordinance was unconstitutional in its entirety. Next, appellant suggests that the pro…
• Bd. OF Cnty. Comm'rs OF Dade Cnty. v. Wilson, 386 So. 2d 556 (Fla. 1980)
  …cial constitutionality of that proposal. . See e. g., City of Miami Beach v. Frankel, 363 So. 2d 555 (Fla.1978); Dade County v. Dade County League of Municipalities, 104 So. 2d 512 (Fla.1958); Rivergate Restaurant Corp. v. Metropolitan Dade County, 369 So. 2d 679 (Fla.3d DCA 1979). . For examples of instances in which we have determined that the Florida Constitution does provide the exclusive manner of performing an act, see Sullivan v. Askew, 348 So. 2d 312 (Fla.1977), and Weinberger v. Board of Public Ins…
• Wilson v. Dade Cnty., 369 So. 2d 1002 (Fla. 3d DCA 1979)
  …ams v. Gunter, 238 So. 2d 824 (Fla.1970), and Duval County v. Jennings, 121 Fla. 584, 164 So. 356 (1935); see Dade County v. Dade County League of Municipalities, 104 So. 2d 512 (Fla.1958); cf. Rivergate Restaurant Corp. v. Metropolitan Dade County, 369 So. 2d 679 (Fla.3d DCA 1979). Neither appellee even claimed, and the trial judge did not hold, that the proposed ordinance was in violation of any provision of either the Florida or the United States constitution. The appellees rely, however, upon statements…

Authorities Cited

• Elbert Bryan Griffis, III v. State, 356 So. 2d 297 (Fla. 1978)
• Strawgate v. Dorothea Chase Turner, 339 So. 2d 1112 (Fla. 1976)