STATE OF FLORIDA, DEPARTMENT OF TRANSPORTATION, APPELLANT,
v.
CRAGGS AND PHELAN CONSTRUCTION CO., APPELLEE

Fla. | 1980-05-22
No. 55802
ENGLAND, C. J., and BOYD, SUND-BERG and McDONALD, JJ., concur., OVERTON, J., dissents for reasons expressed in his dissent in Chadbourne, with which ADKINS and ALDERMAN, JJ., concur.
384 So. 2d 1261 Florida Supreme Court (1980) Caution
Cited by 36 cases

Opinion of the Court
PER CURIAM.

PER CURIAM.

Affirmed. State of Florida, Department of Transportation v. Edward M. Chadbourne, Inc., 382 So. 2d 293 (Fla.1980).

It is so ordered.

ENGLAND, C. J., and BOYD, SUND-BERG and McDONALD, JJ., concur. OVERTON, J., dissents for reasons expressed in his dissent in Chadbourne, with which ADKINS and ALDERMAN, JJ., concur.


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  • …ould be understood that the doctrines of over-breadth and vagueness are separate and distinct. The overbreadth doctrine applies only if the legislation “is susceptible of application to conduct protected by the First Amendment.” Carricarte v. State, 384 So. 2d 1261, 1262 (Fla.), cert. denied, 449 U.S. 874, 101 S.Ct. 215, 66 L.Ed.2d 95 (1980) (citing Dandridge v. Williams, 397 U.S. 471, 90 S.Ct. 1153, 25 L.Ed.2d 491 (1970)). See also McKenney v. State, 388 So. 2d 1232 (Fla.1980); State v. Ashcraft, 378 So. 2d 2…
  • State v. Salvadore Saiez, 489 So. 2d 1125 (Fla. 1986)
    …protected by the First Amendment.’ ” See also Broadrick v. Oklahoma, 413 U.S. 601, 611-13, 93 S.Ct. 2908, 2915-17, 37 L.Ed.2d 830 (1973); Dombrowski v. Pfister, 380 U.S. 479, 486-87, 85 S.Ct. 1116, 1120-21, 14 L.Ed.2d 22 (1965); Carricarte v. State, 384 So. 2d 1261, 1262 (Fla.), cert. denied, 449 U.S. 874, 101 S.Ct. 215, 66 L.Ed.2d 95 (1980). This doctrine operates as an exception to the traditional rule of standing [*1127] which does not permit a person to whom a statute may constitutionally be applied to cha…
  • Agudo, Pineiro & Kates, P.A. v. Harbert Constr. Co., 476 So. 2d 1311 (Fla. 3d DCA 1985)
    …unishable as provided in s. 775.082 or s. 775.083. We note first that there are questions concerning the applicability of the statute in this case. The difficulty arises because the statute has been construed only occasionally. Carricarte v. State, 384 So. 2d 1261 (Fla.), cert. denied, 449 U.S. 874, 101 S.Ct. 215, 66 L.Ed.2d 95 (1980); Pace v. State, 368 So. 2d 340 (Fla.1979); State ex rel. Farber v. Williams, 183 So. 2d 537 (Fla.), cert. denied, 385 U.S. 845, 87 S.Ct. 42, 17 L.Ed.2d 76 (1966); Thomas v. Rati…

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