GREGORY EARL JAMES, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE

Fla. 5th DCA | 1984-04-26
No. 83-60
DAUKSCH, SHARP and COWART, JJ., concur.
448 So. 2d 1242 Florida District Court of Appeal, Fifth District (1984) Positive Treatment
Cited by 7 cases

Opinion of the Court
PER CURIAM.

PER CURIAM.

DISMISSED. See Brown v. State, 376 So. 2d 382 (Fla.1979); State v. Carr, 438 So. 2d 826 (Fla.1983); Cauley v. State, 444 So. 2d 964 (Fla. 1st DCA 1984). See also United States v. Crews, 445 U.S. 463, 100 S.Ct. 1244, 63 L.Ed.2d 537 (1980).

DAUKSCH, SHARP and COWART, JJ., concur.


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  • City OF Ormond Beach v. Cnty. OF Volusia, 535 So. 2d 302 (Fla. 5th DCA 1988)
    …ation of a day-care facility); State v. City of Sunrise, 354 So. 2d 1206 (Fla.1978) (issuing double advance refund bonds); City of Miami Beach v. Forte Towers, Inc., 305 So. 2d 764 (Fla.1974) (rent control ordinance); City of Winter Park v. Montesi, 448 So. 2d 1242 (Fla. 5th DCA), rev. den., 456 So. 2d 1182 (Fla.1984) (sale of sinkhole photographs); Hollywood, Inc. v. Broward County, 431 So. 2d 606 (Fla. 4th DCA), rev. den., 440 So. 2d 352 (Fla.1983) (requirement of developers to provide parks and open spaces)…
  • Barry v. Justice, 573 So. 2d 932 (Fla. 3d DCA 1991)
    …gislative action meets both the municipal purposes test and was not expressly prohibited by the constitution, either general or special law, or county charter. City of Boca Raton v. Gidman, 440 So. 2d 1277 (Fla.1983); City of Winter Park v. Montesi, 448 So. 2d 1242 (Fla. 5th DCA), review denied, 456 So. 2d 1182 (Fla.1984). We first note that Article VIII, Section 6(e), Florida Constitution (1968), specifically exempts Dade County and all municipalities therein, from the provisions of Article VIII, wherein it i…
  • Basic Energy Corp. v. Hamilton Cnty., 652 So. 2d 1237 (Fla. 1st DCA 1995)
    …ercises its powers, a two-tiered question is presented. First, was the action taken for a municipal purpose? If so, was that action expressly prohibited by the constitution, general or special law, or county charter.” City of Winter Park v. Montesi, 448 So. 2d 1242,1244 (Fla. 5th DCA 1984), review denied 456 So. 2d 1182 (Fla.1984). “A municipality exists in order to provide services to its inhabitants.” State v. City of Orlando, 576 So,2d 1315 (Fla.1991). A valid municipal purpose must relate “to the conduct…

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