ARTHUR L. FITZHUGH, ET AL., APPELLANTS,

v.

JULIA M. KINSMAN, APPELLEE

Citator

Cited By

• Monington v. Turner, 251 So. 2d 872 (Fla. 1971)
  …eating the additional judgeship. Section 1 of Article V authorizes the Legislature to create new judge-ships when needed. Moreover, it is always to be remembered the Constitution is a limitation upon legislative power, not a grant. Fowler v. Turner, 157 Fla. 529, 26 So. 2d 792. Therefore, since there is no prohibition against the creation of the additional judgeship under the related conditions and circumstances, Chapter 63-908 must stand. Our construction of Section 9(1) in the light of Chapter 63-908 is…
• In re Advisory Opinion TO the Governor, 243 So. 2d 573 (Fla. 1971)
  …f the Florida Constitution prohibits corporate income taxes. I find it does not. Florida’s constitution is not a granting instrument; rather, it, like all state constitutions, merely limits the sovereign powers of the state. Fowler v. Turner, 1945, 157 Fla. 529, 26 So. 2d 792. Any limitation must be express and unambiguous, however, for it is a “fundamental principle that ‘the terms of an organic provision will not be strained to imply a limitation upon the lawmaking power.’ ” Hall v. Strickland, Fla.1964,…