CAPTAIN LOUIS S. LIVINGS, DISTRICT NINE SUPERVISOR, FLORIDA MARINE PATROL, AND STATE OF FLORIDA DEPARTMENT OF NATURAL RESOURCES, APPELLANTS,
v.
WENDELL DAVIS, GILBERT GREY, AND HARRY ROBERT JONES, APPELLEES
CAPTAIN LOUIS S. LIVINGS, DISTRICT NINE SUPERVISOR, FLORIDA MARINE PATROL, AND STATE OF FLORIDA DEPARTMENT OF NATURAL RESOURCES, APPELLANTS,
WENDELL DAVIS, GILBERT GREY, AND HARRY ROBERT JONES, APPELLEES
422 So. 2d 364
Florida District Court of Appeal, Third District (1982)
Positive Treatment
Cited by 4 cases
Opinion of the Court
PER CURIAM.
Affirmed. Tingley v. Allen, 397 So. 2d 1166 (Fla. 3d DCA 1981).
Dissent
JORGENSON, Judge,
dissenting.
I respectfully dissent. In my view, Section 370.15(2)(a), Florida Statutes (1979), is constitutional. I would recede from Ting-ley, supra, and adopt the views of our sister court in Department of Natural Resources v. Southeastern Fisheries Association, Inc., 415 So. 2d 1326 (Fla. 1st DCA 1982). See also, People v. Weeren, 26 Cal.3d 654, 163 Cal.Rptr. 255, 607 P. 2d 1279 (Cal.1980), cert. denied, 449 U.S. 839, 101 S.Ct. 115, 66 L.Ed.2d 45.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
-
Se. Fisheries Ass'n, Inc. v. Dep't OF Natural Res., 453 So. 2d 1351 (Fla. 1984)…et seq.” Bethell v. Florida, slip op. at 3 (Order Granting Plaintiffs Motion for Summary Judgment). The court cited the Florida Third District Court of Appeal’s decisions in Tingley v. Allen, 397 So. 2d 1166 (Fla. 3d DCA 1981), and Livings v. Davis, 422 So. 2d 364 (Fla. 3d DCA 1982), as being consistent with its decision. Finally, the court held that enforcement of section 370.1105 would violate the commerce and equal protection clauses of the United States Constitution. The attorney general of Florida takes…
-
Captain Louis S. Livings v. Davis, 465 So. 2d 507 (Fla. 1985)…SHAW, Justice. This cause is before this Court on a petition to review the decision of the Third District Court of Appeal in Livings v. Davis, 422 So. 2d 364 (Fla. 3d DCA 1982). We have jurisdiction. Art. V, § 3(b)(4), Fla. Const. The respondents were charged on March 31, April 13, and May 2, 1981, respectively, with violations of section 370.15(2)(a), Florida Statutes (1979), which prohibited the takin…
Authorities Cited
- Weeren v. California, 449 U.S. 839 (U.S. 1980)
- Archer v. New York, 449 U.S. 839 (U.S. 1980)
- Captain Ralph C. Tingley v. Allen, 397 So. 2d 1166 (Fla. 3d DCA 1981)
- State v. Se. Fisheries Ass'n, Inc., 415 So. 2d 1326 (Fla. 1st DCA 1982)