STATE, EX REL. LANE DRUG STORES, INC.,
v.
R. H. CARSWELL, AS TAX COLLECTOR OF DUVAL COUNTY

Fla. | 1935-11-26
Whitfield, C. J., and Terrell, Brown and Davis, J. J., and Frank A. Smith, Circuit Judge, concur., Buford, J., dissents in part.
122 Fla. 639 Florida Supreme Court (1935) Negative Treatment
Also reported at: 166 So. 249
Cited by 60 cases
Opinion of the Court
Per Curiam.

Per Curiam.

This case is disposed of on authority of State of Florida, ex rel. Lane Drug Stores, Inc., v. Simpson, Tax Collector, 122 Fla. 582, 166 Sou. Rep. 227, this day decided.

Demurrer to respondent’s return sustained' as to amended alternative writ of mandamus.

Whitfield, C. J., and Terrell, Brown and Davis, J. J., and Frank A. Smith, Circuit Judge, concur.

Buford, J., dissents in part.

Buford, J.

(dissenting in part). — I dissent in part from the opinion prepared by Mr. Justice Davis in this case to the extent and for the same reasons set forth in the opinion dissenting in part in the case of State of Florida, ex rel. Lane Drug Stores, Incorporated, a corporation, v. Clyde H. Simpson, as Tax Collector of Duval County, Florida.

Dissent
Buford, J.

Buford, J.

(dissenting in part). — I dissent in part from the opinion prepared by Mr. Justice Davis in this case to the extent and for the same reasons set forth in the opinion dissenting in part in the case of State of Florida, ex rel. Lane Drug Stores, Incorporated, a corporation, v. Clyde H. Simpson, as Tax Collector of Duval County, Florida.

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  • Lasky v. State Farm Ins. Co., 296 So. 2d 9 (Fla. 1974)
    …tence of circumstances supporting the validity of the Legislature’s action, in the absence of any evidence to the contrary. This is the course we must follow, pursuant to Munn v. Illinois, 94 U.S. 113, 24 L.Ed. 77 (1877); State ex rel. Adams v. Lee, 122 Fla. 639, 166 So. 249 (1935); and Ex Parte Lewis, 101 Fla. 624, 135 So. 147 (1931). Assuming the circumstances to be as described above, the act before us is reasonably related to a permissible legislative objective, and comports with the requirements of due…
  • State v. Calhoun Cnty., 126 Fla. 376 (Fla. 1936)
    …South. Rep. 334; Haile v. Gardner, 82 Fla. 355, 91 South. Rep. 376; Sams v. Morris, 88 Fla. 162, 101 South. Rep. 206; Gwynn v. Hardee, 92 Fla. 543, 110 South. Rep. 343; State v. Simpson, 122 Fla. 582, 166 South. Rep. 227; State v. Lee, 122 Fla. 629, 166 South. Rep. 249; State v. A. C. L. R. Co., 56 Fla. 617, 47 South. Rep. 969. It is contended by cousel for appellant that as the Act contains no legislative declaration to the effect that if any portion of the Act should be declared unconstitutional the remaining p…
  • Am. Bakeries Co. v. City of Haines City, 131 Fla. 790 (Fla. 1938)
    …rly connected with the subject of the Act.” We are clearly of the opinion that Section 5 of the Act is not subject to the attack thus made upon it. See Grand Lodge Knights of Pythias v. Moore, 120 Fla. 761, 163 So. 108; State, ex rel. Adams v. Lee, 122 Fla. 639, 166 So. 249; Flint v. Duval County, 126 Fla. 18, 170 So. 587; Singleton v. Knott, 101 Fla. 1077, 133 So. 71; Spencer v. Hunt, 109 Fla. 248, 147 So. 282; Sheip Company v. Amos, 100 Fla. 863, 130 So. 699. The generality of the title of a statute doe…

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