DeThorne v. Beck, 73--131
| Decision Date | 06 July 1973 |
| Docket Number | No. 73--131,73--131 |
| Citation | 280 So.2d 448 |
| Parties | Dorothy Anderson DeTHORNE, Plaintiff, v. Nancy Denneno BECK et al., Defendants. |
| Court | Florida District Court of Appeals |
George L. Clapham, Orlando, for plaintiff.
Gary L. Dirlam and Robert C. Cooper of Hoffman, Hendry, Parker, Smith & Anderson, Orlando, for defendants.
Pursuant to Rule 4.6, F.A.R., 32 F.S.A., the following question has been certified to this Court:
'Is a station wagon that is not used as public livery conveyance for passengers, but is used primarily in the business of the insured a 'motor vehicle' as defined by Section 627.732, Florida Statutes?'
Based upon our reading of F.S. Section 627.732(1), F.S.A., and giving the language of that statute its intended meaning, we conclude that a station wagon that is not used as public livery conveyance for passengers but is used primarily in the business of the insured, is a motor vehicle, as defined by Section 627.732, supra. Art Berman Concrete Co. v. Sey Construction Corp., Fla.App.1971, 247 So.2d 791; Johnson v. Presbyterian Homes of Synod of Fla., Inc., Fla.1970, 239 So.2d 256. Any administrative rule promulgated in furtherance of said statute must be consistent with the provisions thereof. 1 Fla.Jur., Administrative Law, Sec. 92.
The certified question is answered in the affirmative.
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State, Dept. of Ins. v. Insurance Services Office, VV-367
...State, Department of Transportation v. Pan American Construction Co., 338 So.2d 1291, 1293 (Fla. 1st DCA 1976); DeThorne v. Beck, 280 So.2d 448, 449 (Fla. 4th DCA 1973); and Florida Growers Coop Transport v. Department of Revenue, 273 So.2d 142, 144 (Fla. 1st DCA The next statute cited in t......
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...in administrative law that a rule promulgated in furtherance of a statute must be consistent with the statute, DeThorne v. Beck, 280 So.2d 448 (Fla. 4th DCA 1973), and that any rule which fails the test for consistency is ineffective. Grove Isle, Ltd. v. Department of Environmental Regulati......
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