MORRIS RUSHING, SR., PETITIONER,
v.
JACKSONVILLE ELECTRIC AUTHORITY, A BODY POLITIC AND CORPORATE, RESPONDENT
MORRIS RUSHING, SR., PETITIONER,
JACKSONVILLE ELECTRIC AUTHORITY, A BODY POLITIC AND CORPORATE, RESPONDENT
352 So. 2d 853
Florida Supreme Court (1977)
Negative Treatment
Cited by 73 cases
Opinion of the Court
PER CURIAM.
This case is before the Court under its conflict certiorari jurisdiction as provided by Article V, Section 3(b)(3), Florida Constitution, and Fla.App.Rule 4.5 c. (6).
After hearing argument, we are of the opinion that the writ of certiorari heretofore granted in this cause, Fla.App., 324 So. 2d 727 should now be discharged. Accordingly, the writ of certiorari is discharged.
OVERTON, C. J., and BOYD, ENGLAND, SUNDBERG, HATCHETT and KARL, JJ., concur. ADKINS, J., dissents.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By (60 total)
-
Dion Michael Carawan v. State, 515 So. 2d 161 (Fla. 1987)…d to create doubt, only to remove it.” State v. Egan, 287 So. 2d 1, 4 (Fla.1973). The courts never resort to rules of construction where the legislative intent is plain and unambiguous. Holly v. Auld, 450 So. 2d 217, 219 (Fla. 1984); Reino v. State, 352 So. 2d 853, 860 (Fla.1977); Rinker Materials Corp. v. North Miami, 286 So. 2d 552, 554 (Fla. 1973). Unfortunately, comprehensive statements of intent are rare because of our increasingly complex criminal codes which are constantly being changed, modified, and…
-
State v. Smith, 547 So. 2d 613 (Fla. 1989)…ost.settled rules of our own and federal law. [*620] It is axiomatic in Florida that a rule of construction is used only when intent as to a specific enactment is unclear, not otherwise. Holly v. Auld, 450 So. 2d 217, 219 (Fla.1984); Reino v. State, 352 So. 2d 853, 860 (Fla.1977); Rinker Materials Corp. v. City of North Miami, 286 So. 2d 552, 554 (Fla.1973). This necessarily means that rules of construction do not function as a “universal” statement of intent as to each and every enactment in the statute book…
-
Trotter v. State, 576 So. 2d 691 (Fla. 1990)…o. 2d 631 (Fla.1982); Peek v. State, 395 So. 2d 492 (Fla.1980), cert, denied, 451 U.S. 964, 101 S.Ct. 2036, 68 L.Ed.2d 342 (1981). Penal statutes must be strictly construed in favor of the one against whom a penalty is to be imposed. Reino v. State, 352 So. 2d 853 (Fla.1977), receded from on other grounds, Perez v. State, 545 So. 2d 1357 (Fla.1989). Because the trial judge erroneously treated violation of community control as an aggravating factor in sentencing, and because there were four aggravating and fou…
Previewing 3 of 60 citing cases — full citator treatment, depth of discussion, and citing context are member features.
Join FLexlaw to unlock all legal intelligenceAuthorities Cited
- Rushing v. Jacksonville Elec. Auth., 324 So. 2d 727 (Fla. 1st DCA 1975)
- Battle v. State, 324 So. 2d 727 (Fla. 4th DCA 1975)