STATE OF FLORIDA, DEPARTMENT OF CITRUS, PETITIONER,
v.
C. V. GRIFFIN, SR., AND C. V. GRIFFIN GROVES, A FLORIDA CORPORATION, RESPONDENTS
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The court held that its tentative grant of jurisdiction was in error because the issues were not ripe for determination and did not meet the constitutional criteria for appellate review.
Plaintiffs sought to compel production of personal income tax returns via subpoenas duces tecum. The trial court partially sustained the subpoenas, de…
The full statement of facts, procedural history, and disposition for this case are member content.
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Jurisdiction in this cause was tentatively accepted on two grounds: first, that the decision of the District Court below, a per curiam affirmance reported at 257 So.2d 116 (2nd D.C.A.Fla.1972), conflicted with City of Miami Beach v. Schauer, 104 So.2d 129 (3rd D.C.A.Fla.1958); second, that the decision below was one affecting a class of constitutional or state officers. Article V, Section 4(2), Florida Constitution, F. S.A.
Having heard oral arguments, and having examined the briefs and record relating to the cause, we now find that the tentative grant of jurisdiction was granted in error. The case is a continuation on remand of State, Department of Citrus v. Griffin, 239 So.2d 577 (Fla.1970). Plaintiffs, C. V. Griffin, Sr. and C. V. Griffin Groves Co., seek to have subpoenas duces tecum directed against defendants, members of the Florida Citrus Commission and members of the School Lunch Advisory Committee, requiring the production at trial of all personal income tax returns relating to a certain period of time. The trial court has sustained the subpoenas in part, on the ground that they relate to issues *37relevant to the cause; however, the court has announced that it is withholding any ruling on admissibility until trial. An interlocutory appeal from this ruling resulted in an affirmance by the District Court without opinion.
It is our judgment that the determination of any jurisdictional avenue to this Court must await proper resolution of the issue of admissibility at trial, lest such determination be based upon unfounded speculation. We find the case as currently postured easily distinguishable from Schauer, and only vaguely, if at all, related to the powers, duties and responsibilities of any class of constitutional or state officers in a manner which would “affect” such a class.
The writ heretofore issued in error is dismissed.
It is so ordered.
ROBERTS, C. J„ and ERVIN, CARLTON, ADKINS and McCAIN, JJ., concur.
Cases With Similar Vibessemantic neighbors from the corpus
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Cited By
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Fla. League OF Cities, Inc. v. Admin. Comm'n & Dep't of Cmty. Affairs, 586 So. 2d 397 (Fla. 1st DCA 1991)…court examines whether the transfer of authority was possible, and if so, whether it was sufficiently restrictive. State, Dept. of Citrus v. Griffin, 239 So. 2d 577 (Fla.1970), appeal after remand, 257 So. 2d 116 (Fla. 2d DCA 1972), cert. dismissed, 266 So. 2d 36 (Fla.1972). These factors must be tempered by due consideration for the practical context of the problems sought to be remedied or the policy sought to be effected. Id. So long as the agency is following the legislative purpose, there is no invalid…
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State v. Griffin, 332 So. 2d 54 (Fla. 2d DCA 1976)…1970), 239 So. 2d 577. . See Florida Citrus Commission v. Griffin (Fla.App.2d, 1971), 249 So. 2d 42; State, Department of Citrus v. Griffin and Griffin v. State, Department of Citrus (Fla.App.2d, 1972), 257 So. 2d 116; (cert. discharged (Fla.1972), 266 So. 2d 36). . See Campbell v. Maze (Fla.App. 4th, 1975), 307 So. 2d 234; Granoff v. Cherin. (Fla.App. 3d, 1972), 270 So. 2d 430; Craft v. Clarembeaux (Fla.App. 2d, 1964), 162 So. 2d 325. But cf. Giachetti v. Johnson (Fla.App. 2d, 1975), 308 So. 2d 143. A sim…
Authorities Cited
- State v. Griffin, 239 So. 2d 577 (Fla. 1970)
- City OF Miami Beach v. Schauer, 104 So. 2d 129 (Fla. 3d DCA 1958)
- Korb v. Payne, 257 So. 2d 116 (Fla. 2d DCA 1972)
- State v. Griffin, 257 So. 2d 116 (Fla. 2d DCA 1972)