STATE OF FLORIDA AND GAME AND FRESH WATER FISH COMMISSION, APPELLANTS,
v.
RALPH ELISH TURNER AND STEVENS 12 GA. PUMP SHOTGUN MODEL 167, APPELLEE
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The Florida Supreme Court reversed a circuit court judgment invalidating forfeiture statutes, holding that courts cannot consider constitutional challenges to statutes that were not raised by the parties in the case.
A court may not consider or pass upon the constitutionality of a statute unless the parties to the case raise the constitutional question and challenge the statute; courts have no judicial responsibility to invalidate statutes on constitutional grounds when the constitutionality is not challenged by the parties.
“It is not a part of the judicial responsibility to undertake to invalidate them (statutes) unless the parties to the cause raise the question and assault the statute because of organic weaknesses.”
Establishes the core principle that courts cannot consider constitutional challenges to statutes sua sponte without party involvement
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Join FLexlaw to unlock all legal intelligenceOn April 6, 1968, a Stevens 12-gauge pump shotgun valued at $25 was seized from Ralph Elish Turner pursuant to Florida Statutes Sections 372.99 and 37…
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This is a direct appeal from a judgment of the Circuit Court of the Twelfth Judicial Circuit in and for Collier County which adjudged Section 372.312(1) and Section 372.312(5), Florida Statutes, F.S.A., to be unconstitutional. The facts are these: On April 6, 1968, one Stevens 12 Gauge Pump Shotgun of the value of $25.00 was seized from Ralph Elish Turner, the Appellee, pursuant to Sections 372.99 and 372.9901, Florida Statutes, F.S.A., for alleged violation of Section 372.99. The gun was thereafter placed in the custody of the Director of the Game and Fresh Water Fish Commission. On June 18, 1968, the Director of that Commission made a return of the seized property to the Clerk of the Circuit Court of Collier County setting forth the facts bearing on the seizure. After the filing of the return, an affidavit was made of the posting of notice of forfeiture. On August 27, 1968, a default judgment was entered in the proceedings against the Ap-pellee. The case was brought on for final judgment before the Circuit Judge who dismissed it with prejudice, holding that a portion of Section 372.312(1) and all of Section 372.312(5) are unconstitutional.
Appellants have briefed and argued the constitutionality of the statutes in question. We conclude, however, that this cause must be remanded without a consideration of their constitutionality.
The record shows that at no time did the Appellee, or any other party, raise a constitutional question. Appellee did not defend in the Court below and a default was entered against him. He did not defend this appeal. This Court has, on a number of occasions, held that it is not only unnecessary, but improper for a Court to pass upon the constitutionality of an act, the constitutionality of which is not challenged; that Courts are not to consider a question of constitutionality which has not been raised by the pleadings, or which has not been raised by a person having the requisite interest. See Mills v. Mills, 153 Fla. 746, 15 So.2d 763; State ex rel. McClure v. Sullivan, Fla., 43 So.2d 438; Henderson v. Antonacci et al., Fla., 62 So.2d 5, and Mott v. Cochran, Fla., 117 So.2d 408. In the latter we stated:
“It is not a part of the judicial responsibility to undertake to invalidate them (statutes) unless the parties to the cause raise the question and assault the statute because of organic weaknesses.”
The Circuit Judge erred in considering and passing on the constitutionality of the statutes, and we do not, by this opinion, in any way deal with their constitutionality. This cause is hereby remanded with directions to the Court below to vacate its Final Judgment of August 28, 1968, and to enter Judgment for the Appellants.
ERVIN, C. J., and DREW, CARLTON and ADKINS, JJ., concur.
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Wright v. City OF Miami Gardens, 200 So. 3d 765 (Fla. 2016)…ates that he is, or assuredly will be, affected adversely by it.... Courts should not voluntarily pass upon constitutional questions which are not raised by the pleadings.” Henderson v. Antonacci, 62 So. 2d 5, 8 (Fla.1952); see also State v. Turner, 224 So. 2d 290, 291 (Fla.1969) (“This Court has, on a number of occasions, held that it is not only unnecessary, but improper for a Court to pass upon the constitutionality of an act, the constitutionality of which is not challenged; that Courts are not to conside…
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T.M. v. Dep't of Child. & Families, 927 So. 2d 1088 (Fla. 4th DCA 2006)…visitation with a grandchild who has been adjudicated dependent and taken away from the physical custody of the parent. This issue, now moot, was not raised in the trial court and therefore was not properly preserved for appeal. See State v. Turner, 224 So. 2d 290 (Fla.1969).…
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In re Est. of Adrian Clyde Humphreys, Jr., 299 So. 2d 595 (Fla. 1974)…ature, Chapter 73-107, Laws of Florida (1973), to allow a widower as well as a widow to elect to take dower, the parties before the courts in this action are governed by the existing law in effect prior to the legislative change. . State v. Turner, 224 So. 2d 290 (Fla.1969.) . Cooper v. Sinclair, 66 So. 2d 702, 703 (Fla. 1953). See also: State ex rel. McClure v. Sullivan, 43 So. 2d 438 (Fla.1949); Henderson v. Antonacci, 62 So. 2d 5 (Fla.1952); Acme Moving & Storage Co. of Jacksonville v. Mason, 167 So. 2d…
Previewing 3 of 11 citing cases — full citator treatment, depth of discussion, and citing context are member features.
Join FLexlaw to unlock all legal intelligenceAuthorities Cited
- Henderson v. Antonacci, 62 So. 2d 5 (Fla. 1952)
- State v. Sullivan, 43 So. 2d 438 (Fla. 1949)
- Mills v. Mills, 153 Fla. 746 (Fla. 1943)
- Mott v. Cochran, 117 So. 2d 408 (Fla. 1960)