M.J., APPELLANT,
v.
STATE OF FLORIDA, APPELLEE

Fla. 4th DCA | 1985-01-09
No. 84-977
ANSTEAD, C.J., and DELL, J., concur., LETTS, J., concurs specially with opinion.
462 So. 2d 88 Florida District Court of Appeal, Fourth District (1985) Positive Treatment
Cited by 3 cases

Opinion of the Court
PER CURIAM.

PER CURIAM.

Reversed and remanded on the authority of section 901.151(5), Florida Statutes (1983).

ANSTEAD, C.J., and DELL, J., concur. LETTS, J., concurs specially with opinion.

Concurrence
LETTS, Judge,

LETTS, Judge,

specially concurring:

Our conclusion deserves mention that there was insufficient probable cause for a pat down search.

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  • McCOY v. Hollywood Quarries, Inc., 544 So. 2d 274 (Fla. 4th DCA 1989)
    …ovisions of the MTCSP. Although it is well-settled that legislative intent controls the construction of statutes, the courts must determine that intent primarily from the language of a particular statute, Nash v. Fort Lauderdale Board of Adjustment, 462 So. 2d 88 (Fla. 4th DCA 1985), and the courts must accept a statute as written. In re Homer’s Estate, 188 So. 2d 386 (Fla. 3d DCA 1966). Accepting the provisions of the MTCSP as written, we cannot ascertain whether the drafters intended to include temporary…
  • J.R.S. v. State, 483 So. 2d 834 (Fla. 2d DCA 1986)
    …marily from the language of the statute, and where, as here, the language is clear and unambiguous, we need look no further than the statute itself. Reino v. State, 352 So. 2d 853, 860 (Fla.1977). See also Nash v. Ft. Lauderdale Board of Adjustment, 462 So. 2d 88 (Fla. 4th DCA 1985); Puglia v. Drinks on the Beach, 457 So. 2d 519 (Fla. 2d DCA 1984). The Florida Legislature has expressly provided that a judge has discretion to either impose the alternate sanctions of section 316.655(4) or order a prison sente…
  • …nnot do otherwise than to hold that it has not.3 Inasmuch as no conditions to the lawful use of one’s property may be governmentally imposed in the absence of duly enacted legislation to that effect, see Nash v. Fort Lauderdale Board of Adjustment, 462 So. 2d 88 (Fla. 4th DCA 1985); City of Naples v. Central Plaza of Naples, Inc., 303 So. 2d 423 (Fla. 2d DCA 1974); Rose. v. Town of Hillsboro Beach, 216 So. 2d 258 (Fla. 4th DCA 1968), we must conclude that, however worthy and attractive the respondents’ posi…

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