State Ex Rel. Ben Hur Life Ass'n v. Dunaway
| Decision Date | 13 December 1933 |
| Citation | 151 So. 391,113 Fla. 252 |
| Parties | STATE ex rel. BEN HUR LIFE ASS'N v. DUNAWAY et al. |
| Court | Florida Supreme Court |
Error to Circuit Court, Hendry County; George W. Whitehurst, Judge.
Action between the State, on the relation of the Ben Hur Life Association, and F. L. Dunaway and others, as members of and constituting the Board of Commissioners of Hendry County, and others. To review the judgment, plaintiff brings error.
Reversed and remanded.
COUNSEL R. J. Davis, of Fort Lauderdale, and L. O. Casey, of Hollywood, for plaintiff in error.
Louis O. Gravely, of La Belle, for defendants in error.
This case is here on writ of error from the circuit court of Hendry county and involves in the main a decision as to whether or not Senate Bill No. 63 (chapter 16075, Acts of 1933) is constitutional. Since this case was decided by the circuit judge in favor of the constitutionality of the act in question, this court in the cases of State ex rel. Buckwalter v. Lakeland, 150 So. 508 (opinion filed October 3, 1933), and State ex rel. W. O. W. v. Halifax Hospital Dist., 150 So. 517 (opinion filed October 3, 1933), has adjudged that said chapter 16075, Acts of 1933, is unconstitutional as violative of section 10 of article 1 of the Constitution of the United States, as well as section 17 of the Declaration of Rights of the Constitution of Florida, thereby rendering the decision of the circuit judge contrary to the decision of this court in the cited cases.
On the authority of the recent decisions of this court just referred to, the judgment of the circuit court herein is reversed and the cause remanded for appropriate proceedings according to law not inconsistent with the holding of this opinion.
Reversed and remanded.
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Ingerson v. State Farm Mut. Auto. Ins. Co.
...Co., 122 Fla. 141, 165 So. 384; Winter Park Golf Estates v. City of Winter Park, 114 Fla. 350, 153 So. 842; State ex rel. Ben Hur Life Ass'n v. Dunaway, 113 Fla. 252, 151 So. 391. In Florida East Coast Railway Company v. Rouse, supra, Fla.1966, 194 So.2d 260, 262, the Supreme Court stated, ......
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Florida East Coast Ry. Co. v. Rouse, 64-990
...Fla. 141, 165 So. 384 (1935); Winter Park Golf Estates v. City of Winter Park, 114 Fla. 350, 153 So. 842 (1934); Ben Hur Life Ass'n v. Dunaway, 113 Fla. 252, 151 So. 391 (1933). See also annot. 111 A.L.R. 1317, et However, the constitutional attack herein pursued, appears for the first time......
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