CLYDE W. DAWSON, APPELLANT,
v.
HARVEY BROWN, JAMES A. ASHLEY, ERNEST A. PALMER, JR., NORMAN HIGGINS, JOHN B. TSCHIRGI, AND HARVEY HERRMAN, WHO ARE MEMBERS OF AND CONSTITUTE BOARD A OF BOARD OF EXAMINERS FOR SPECIALTY CONTRACTORS, APPELLEES
AI-generated. These summaries, headnotes, and key points are machine-generated and may contain errors or omissions. Always verify against the full opinion text below. Not legal advice.
The Florida Supreme Court affirmed a lower court's decision upholding the constitutionality of a special act regulating contractors in Palm Beach County. The court found that the appellant could not challenge parts of the act that did not affect him and that the act did not unlawfully delegate legislative power.
The court held that the appellant could not attack the constitutionality of portions of the Act that did not adversely affect him. The court also held that the Act did not constitute an unlawful delegation of legislative power.
“The trial court denied prohibition, holding the appellant could not attack the constitutionality of those portions of the Act not adversely affecting him and, further, that the Act, as it related to the appellee-Board's authority to revoke certificates of competency, did not constitute an unlawful delegation of legislative power.”
This quote summarizes the lower court's decision which the appellate court affirmed.
Previewing 1 of 2 key quotes on this case — the court’s exact language, pinpointed for members.
Join FLexlaw to unlock all legal intelligenceAppellant, a septic tank contractor, received notice of a hearing to revoke his certificate of competency under a special act regulating contractors i…
The full statement of facts, procedural history, and disposition for this case are member content.
Join FLexlaw to unlock all legal intelligence© FLexlaw, Inc. — AI-generated enrichments are proprietary. All rights reserved.
Explore caselaw by topic → Browse Standing To Challenge Statute cases and more on FLexlaw
This case is before us on appeal from the Circuit Court of Palm Beach County. Appellant, a septic tank contractor in Palm Beach County, received notice of a hearing to be held by appellees to determine whether his certificate of competency should be revoked. He thereupon filed a suggestion for writ of prohibition, challenging the constitutionality of Chapter 59-1705 Laws of Florida, 1959, a special act regulating contractors in the unincorporated areas of Palm Beach County, prescribing qualifications, creating examining boards and providing for the issuance of certificates of competency.
The trial court denied prohibition, holding the appellant could not attack the constitutionality of those portions of the Act not adversely affecting him and, further, that the Act, as it related to the ap-pellee-Board’s authority to revoke certificates of competency, did not constitute an unlawful delegation of legislative power.
We agree. The decision of the Circuit Court is, therefore, affirmed.
THORNAL, C. J., THOMAS, ROB-' ERTS, O’CONNELL, CALDWELL and ERVIN, JJ., and WARREN, Circuit Judge, concur.