STATE, EX REL. BEN HUR LIFE ASSN.
v.
F. L. DUNAWAY, ET AL., AS BOARD COUNTY COMMISSIONERS OF HENDRY COUNTY
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The Florida Supreme Court reversed a lower court's decision upholding a state act, finding the act unconstitutional based on prior rulings. The case highlights the supreme court's role in determining the constitutionality of legislation.
No, Senate Bill No. 63 (Chapter 16075, Acts of 1933) is unconstitutional.
“Since this case was' decided by the circuit judge in favor of the constitutionality of the Act in question, this Court in the cases of State, ex rel. Buckwalter v. Lakeland, 112 Fla. 200, 150 Sou. Rep. 508 (opinion filed October 3, 1933), and State, ex rel. W. O. W. v. Halifax Hospital Dist., 112 Fla. 223, 150 Sou. Rep. 517 (opinion filed October 3, 1933), has adjudged that said Chapter 16075, Acts of 1933, is unconstitutional as violative of Section 10 of Article I of the Constitution of .the United States, as well as Section 17 of the Bill of Rights of the Constitution of Florida, thereby rendering the decision of the Circuit Judge contrary to the decision of this Court in the cited cases.”
Establishes the prior rulings that render the current act unconstitutional.
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Join FLexlaw to unlock all legal intelligenceThe case involved a challenge to the constitutionality of Senate Bill No. 63 (Chapter 16075, Acts of 1933). The circuit court had ruled in favor of th…
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This case is here on writ of error from the Circuit Court of Hendry County and involves in the main *253a decision as to whether or not Senate Bill No. 63 (Chapter 16075, Acts of 1933) is constitutional. Since this case was' decided by the circuit judge in favor of the constitutionality of the Act in question, this Court in the cases of State, ex rel. Buckwalter v. Lakeland, 112 Fla. 200, 150 Sou. Rep. 508 (opinion filed October 3, 1933), and State, ex rel. W. O. W. v. Halifax Hospital Dist., 112 Fla. 223, 150 Sou. Rep. 517 (opinion filed October 3, 1933), has adjudged that said Chapter 16075, Acts of 1933, is unconstitutional as violative of Section 10 of Article I of the Constitution of .the United States, as well as Section 17 of the Bill of Rights of the Constitution of Florida, thereby rendering the ■decision of the Circuit Judge contrary to the decision of this Court in the cited cases.
On the authority of the recent decisions of this Court just referred to the judgment of the Circuit Court herein is reversed and the cause remanded for appropriate proceedings according to law not inconsistent with the holding of this opinion.
Reversed and remanded.
Whitfield, Buford and Terrell, J. J., concur.
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Ingerson v. State Farm Mut. Auto. Ins. Co., 272 So. 2d 862 (Fla. 3d DCA 1973)…Tel Service Co., Fla.App.1966, 183 So. 2d 1; Yates v. St. Johns Beach Development Co., 122 Fla. 141, 165 So. 384; Winter Park Golf Estates v. City of Winter Park, 114 Fla. 350, 153 So. 842; State ex rel. Ben Hur Life Ass’n v. Dunaway, 113 Fla. 252, 151 So. 391. In Florida East Coast Railway Company v. Rouse, supra, Fla.1966, 194 So. 2d 260, 262, the Supreme Court stated, as being a correct pronouncement of the controlling rule of law, the following: “ We recognize the general and Florida rule to be that…
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Fla. E. Coast Ry. Co. v. Rouse, 178 So. 2d 882 (Fla. 3d DCA 1965)…S. 618, 85 S.Ct. 1731, 14 L.Ed.2d 601 (1965); Yates v. St. Johns Beach Development Co., 122 Fla. 141, 165 So. 384 (1935); Winter Park Golf Estates v. City of Winter Park, 114 Fla. 350, 153 So. 842 (1934); Ben Hur Life Ass’n v. Dunaway, 113 Fla. 252, 151 So. 391 (1933). See also annot. 111 A.L.R. 1317, et seq. However, the constitutional attack herein pursued, appears for the first time on appeal. The appellant failed in the trial court to assail the statute on any ground upon which rests the Supreme Court…
Authorities Cited
- State ex rel. T. v. Buckwalter, 112 Fla. 200 (Fla. 1933)
- State v. Baskin, 111 Fla. 667 (Fla. 1933)
- State ex rel. Sovereign Camp v. Halifax Hosp. Dist., 112 Fla. 223 (Fla. 1933)