CLARENCE DAVIS, APPELLANT,
v.
DEPARTMENT OF HEALTH AND REHABILITATIVE SERVICES ET AL., APPELLEE
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PER CURIAM.
We do not have jurisdiction in this case. The trial court specifically refrained from passing on the constitutionality of § 742.041(2), Fla.Stat. (1977). It then ordered the father to pay support pursuant to § 742.041(1), Fla.Stat. (1977). The Fourth District Court of Appeal transferred this case upon appellant’s motion which asserted that the trial court initially and directly passed upon the constitutionality of the statute. Even under the inherency doctrine, the constitutional challenge must have been to a controlling statute and the decision as to the statute’s validity necessary to the determination of the case. Harrell’s Candy Kitchen, Inc. v. Sarasota Manatee Airport Authority, 111 So. 2d 439 (Fla.1959). The cause is transferred to the district court of appeal.
It is so ordered.
SUNDBERG, C. J., and ADKINS, BOYD, OVERTON, ENGLAND, ALDERMAN and McDONALD, JJ., concur.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
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Aguilar v. Cmty. Gen. Hosp., 396 So. 2d 149 (Fla. 1981)…tate v. Bruno. In the present case, the contrary is not evident, and we cannot assume from the record before us that the trial court passed on the constitutionality of a statute. Cf. Davis v. Department of Health and Rehabilitative Services, et al., 390 So. 2d 1194 (Fla.1980). I would, therefore, transfer this appeal to the District Court of Appeal, Second District. OVERTON and McDONALD, JJ., concur.…
Authorities Cited
- Harrell's Candy Kitchen, Inc. v. Sarasota-Manatee Airport Auth., 111 So. 2d 439 (Fla. 1959)