HILLIARD

v.

CITY OF GAINESVILLE

Citator

Cited By

• Edwards v. State, 422 So. 2d 84 (Fla. 2d DCA 1982)
  …in severity from the penalties established by the ordinance. A local ordinance does not conflict with a state statute merely because it provides for a less severe penalty. Hilliard v. City of Gainesville, 213 So. 2d 689 (Fla.1968), appeal dismissed, 393 U.S. 321, 89 S.Ct. 556, 21 L.Ed.2d 517 (1969). However, an ordinance penalty cannot exceed that of state law. 5 E. McQuillin, The Law of Municipal Corporations § 17.15 (3d ed. 1981). In some respects, the Venice ordinance sets a greater penalty than that pr…
• Walker v. Hampton, 235 So. 2d 325 (Fla. 1st DCA 1970)
  …s addressed held the statute inapplicable to proceedings in municipal courts. We agree. See City of Gainesville v. Hilliard, 207 So. 2d 520 (Fla.App.1968), cert. discharged Hilliard v. City of Gainesville, 213 So. 2d 689 (Fla.1968), appeal dismissed 393 U.S. 321, 89 S.Ct. 556, 21 L.Ed.2d 517 (1969), rehearing denied 393 U.S. 1112, 89 S.Ct. 858, 21 L.Ed.2d 814, and Smith v. Davis, 231 So. 2d 517 (Fla.1970). The sole thrust of appellant’s contention rests on the opinion of the court [*326] in Davis v. Smith,…
• City OF Fort Lauderdale v. Byrd, 242 So. 2d 494 (Fla. 4th DCA 1970)
  …itutional guarantee which was brought forward from the preceding state constitution has been held not to require a trial by jury for violations of municipal ordinances. See Hilliard v. City of Gainesville, Fla.1968, 213 So. 2d 689 (appeal dismissed, 393 U.S. 321, 89 S.Ct. 556, 21 L. Ed.2d 517). The pertinent statute is Section 139 of the charter of the City of Fort Lauderdale, Chapter 67-1384, Laws of Florida, Special Acts, 1967. Section 139 expressly provides that trials in the municipal court shall be wi…