STAN MUSIAL & BIGGIE'S, INC., PETITIONER,
v.
STATE OF FLORIDA, DEPARTMENT OF REVENUE, RESPONDENT

Fla. 1st DCA | 1981-08-28
No. II-391
MILLS, McCORD, and ERVIN, JJ., concur.
402 So. 2d 1330 Florida District Court of Appeal, First District (1981) Caution
Cited by 6 cases

Opinion of the Court
PER CURIAM.

PER CURIAM.

Pursuant to the Supreme Court’s opinion in Department of Revenue of the State of Florida v. Stan Musial & Biggie’s, Inc., 387 So. 2d 365 (Fla.1980), this Court has reconsidered its opinion in Stan Musial & Biggie’s, Inc. v. State Department of Revenue, 363 So. 2d 375 (Fla. 1st DCA 1978), and upon reconsideration reverses its prior decision and adopts the opinions of the Supreme Court in Roger Dean Enterprises, Inc. v. State, etc., 387 So. 2d 358 (Fla.1980), and Department of Revenue v. Brunner Enterprises, Inc., 390 So. 2d 713 (Fla.1980). Accordingly, the final order of the Department of Revenue is AFFIRMED.

MILLS, McCORD, and ERVIN, JJ., concur.


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  • Reyes v. State, 462 So. 2d 1198 (Fla. 3d DCA 1985)
    …t on the defendant’s right to remain silent, see Antone v. State, 382 So. 2d 1205 (Fla.1980); and Section 893.135, Florida Statutes, is not, as the defendant asserts, unconstitutional, see State v. Benitez, 395 So. 2d 514 (Fla.1981); Stone v. State, 402 So. 2d 1330 (Fla. 1st DCA 1981). The judgment of conviction for possession of cocaine is reversed upon the authority of Bell v. State, 437 So. 2d 1057 (Fla.1983). Affirmed in part; reversed in part.…
  • Kidney v. State, 559 So. 2d 1292 (Fla. 2d DCA 1990)
    …otion is fatally defective. No matter how poorly informed about gain time Kidney might have been, he does not demonstrate- that dashed hopes about the value of his “assistance” would have entitled him to withdraw the plea. See, e.g., Stone v. State, 402 So. 2d 1330 (Fla. 1st DCA 1981). At most, Kidney has alleged that counsel deterred him from pursuing a futile gesture. Affirmed. SCHOONOVER, A.C.J., and FRANK and THREADGILL, JJ., concur.…
  • State v. Boaz Susman, 412 So. 2d 866 (Fla. 3d DCA 1982)
    …-135, Florida Statutes was unconstitutional. The order appealed from is reversed upon the authority of State v. Benitez, 395 So. 2d 514 (Fla.1981); State v. Yu, 400 So. 2d 762 (Fla.1981); State v. Werner, 402 So. 2d 386 (Fla.1981); Stone v. State, 402 So. 2d 1330 (Fla. 1st DCA 1981). For the foregoing reasons, the trial court is directed to proceed in harmony with the views herein expressed.…

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