IN THE INTEREST OF J.C., A CHILD, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
Explore caselaw by topic → Browse Constitutionality Of Statutes cases and more on FLexlaw
PER CURIAM.
The sole issue on appeal in this case is appellant’s challenge to the constitutionality of section 39.061, Florida Statutes (Supp.1990). We reverse.
We recently held sections 39.061 and 39.-01(61), Florida Statutes (Supp.1990), unconstitutional as an unlawful delegation of legislative authority to an administrative agency. D.P. v. State, 597 So. 2d 952 (Fla. 1st DCA 1992). Appellant has challenged section 39.061 on the same grounds that were raised in D.P. We agree that the statute is unconstitutional for the reasons expressed in D.P. Accordingly, appellant’s adjudication of delinquency is hereby reversed and this matter is remanded to the lower tribunal with instructions to discharge appellant.
JOANOS, C.J., and KAHN, J., concur. ERVIN, J., specially concurs with opinion.
ERVIN, Judge,
specially concurring.
I concur for the reasons expressed in my special concurrence in In the Interest of A.A., 605 So. 2d 106 (Fla. 1st DCA 1992).
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
-
Dance v. Tatum, 629 So. 2d 127 (Fla. 1993)…E STATEMENT IN ALBRECHT V. DRAKE LUMBER CO., 67 FLA. 310, 65 SO. 98 (1914), TO THE EFFECT THAT AN IRREVOCABLE LICENSE BECOMES AN EASEMENT BASED ON EQUITABLE ESTOPPEL, MEANS THAT AN IRREVOCABLE LICENSE CAN NO LONGER EXIST IN FLORIDA. Tatum v. Dance, 605 So. 2d 110, 113 (Fla. 5th DCA 1992). We have jurisdiction. Art. V, 3(b)(4), Fla. Const. In 1975, petitioner Dance purchased from Rapp and Broleman a tract of unimproved land (parcel A) for $250,000. The “package deal” purchase price included Rapp’s architectu…1 / 2
-
Zacharias Ligerakis and Adamantia Ligerakis v. Baugher, 743 So. 2d 1137 (Fla. 5th DCA 1999)…PER CURIAM. AFFIRMED. See Tatum v. Dance, 605 So. 2d 110 (Fla. 5th DCA 1992), approved, 629 So. 2d 127 (Fla.1993). ANTOON, C.J., COBB and PETERSON, JJ., concur.…
-
Brevard Cnty. v. Blasky, 875 So. 2d 6 (Fla. 5th DCA 2004)…Whiteside, 721 So. 2d 1259, 1263 (Fla. 5th DCA 1998). This court has recognized, however, that an “irrevocable license” only arises under very narrow circumstances, and is applied only to the extent required to prevent inequity. See Tatum v. Dance, 605 So. 2d 110, 113 (Fla. 5th DCA 1992), approved, 629 So. 2d 127 (Fla.1993). Its duration, moreover, is limited only to the time necessary to protect the reliance investment of the licensee. See Id. In the present case the predecessor in title to Mr. and Mrs. Bl…
Previewing 3 of 4 citing cases — full citator treatment, depth of discussion, and citing context are member features.
Join FLexlaw to unlock all legal intelligenceAuthorities Cited
- In the Interest of B.H. v. State, 597 So. 2d 952 (Fla. 1st DCA 1992)
- In the Interest of D.P. v. State, 597 So. 2d 952 (Fla. 1st DCA 1992)
- In the Interest of A.A. v. State, 605 So. 2d 106 (Fla. 1st DCA 1992)