DEMKO'S GOLD COAST TRAILER PARK, INC., A FLORIDA CORPORATION, APPELLANT,
v.
PALM BEACH COUNTY, A POLITICAL SUBDIVISION OF THE STATE OF FLORIDA ET AL., APPELLEES
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Demko's Gold Coast Trailer Park appealed from an injunction enforcing Palm Beach County's building codes, challenging the statutory authority of the county to adopt such codes. The district court found it lacked jurisdiction because the appeal necessarily involved the validity of state statutes, which must be reviewed directly by the Florida Supreme Court.
The district court lacks jurisdiction to hear this appeal because a decision on the validity of state statutes is necessary to the determination of the case, and appeals directly passing upon the validity of state statutes must proceed directly to the Florida Supreme Court under Article V, Section 4(2) of the Florida Constitution.
“Under Article V, Section 4(2) of the Florida Constitution, F.S.A., appeals from final judgments or decrees directly passing upon the validity of a state statute proceed directly to the Supreme Court.”
Establishes the constitutional basis for exclusive Supreme Court jurisdiction over cases involving state statute validity.
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Join FLexlaw to unlock all legal intelligenceDemko's Gold Coast Trailer Park was subject to a final decree enjoining it from violating certain portions of the Palm Beach County Building, Electric…
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This is an appeal by the defendant below from a final decree enjoining it from violating certain portions of the Palm Beach County Building, Electrical and Plumbing Codes.
The appellant herein by its answer attacked the statutory authority of the Board of County Commissioners of Palm Beach County to adopt building, electrical or plumbing codes asserting that Chapter 57-1691, Laws of Florida, Special Acts of 1957, as amended by Chapter 59-1686, Laws of Florida, Special Acts of 1959 is invalid and unconstitutional.
The pre-trial order acknowledges that the validity of these statutes is one of the issues for trial, however, the final decree does not expressly rule upon the question.
Nevertheless, the entry of the decree appealed from constituted a negative disposition of this question thereby implicitly holding that said acts are valid.
This finding of validity was assigned as error and is argued in the briefs. Indeed, the appellees in their brief state that the only issue on this appeal concerns ap-pellee’s statutory authority to adopt and enforce building, electrical and plumbing codes.
Under Article V, Section 4(2) of the Florida Constitution, F.S.A., appeals from final judgments or decrees directly passing upon the validity of a state statute proceed directly to the Supreme Court.
Although the court below did not explicitly rule upon the validity of the acts, we are of the opinion that a decision as to their validity was necessary to a determination of this cause and hence this court is without jurisdiction of this appeal. Harrell’s Candy Kitchen, Inc. v. Sarasota-Manatee Air. A., Fla.1959, 111 So.2d 439; Evans v. Carroll, Fla.1958, 104 So.2d 375.
We are, therefore, providing sua sponte for the transfer of this cause to the Supreme Court since it appears we are without jurisdiction to consider the merits of this appeal.
Whereupon, this court, as authorized by Rule 2.1(a) (5) (d), Florida Appellate Rules, 32 F.S.A., directs that the notice of appeal and all other papers filed herein shall at the expiration of five days from the filing of this opinion be transferred to the Supreme Court of the State of Florida.
It is so ordered.
WALDEN, C. J., and OWEN, J., and GONZALEZ, JOSE A., Jr., Associate Judge, concur.
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Demko's Gold Coast Trailer Park, Inc. v. Palm Beach Cnty., 218 So. 2d 745 (Fla. 1969)…ERVIN, Chief Justice. We review an appeal transferred here by the District Court of Appeal, Fourth Dis [*746] trict. 211 So. 2d 62. The appeal is from a final decree of the Circuit Court of Palm Beach County, Florida, in a suit brought by Palm Beach County, Florida, and the Zoning Commission of said County. The decree enjoined the Appellant, Demko’s Gold Coast Trailer Park, Inc…
Authorities Cited
- Harrell's Candy Kitchen, Inc. v. Sarasota-Manatee Airport Auth., 111 So. 2d 439 (Fla. 1959)
- Evans v. Carroll, 104 So. 2d 375 (Fla. 1958)