[Download] "State v. Florida Consumer Action Network" by Florida Court of Appeals ~ Book PDF Kindle ePub Free
eBook details
- Title: State v. Florida Consumer Action Network
- Author : Florida Court of Appeals
- Release Date : January 09, 2002
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 67 KB
Description
The State of Florida and intervenors, Publix Supermarkets, et al., appeal the trial court's summary judgment declaring chapter 99-225, Laws of Florida, unconstitutional for covering more than a single subject. Appellants raise essentially two issues: (1) the trial court erred in exercising jurisdiction over this suit against the State of Florida under the Declaratory Judgment Act, and (2) the court erred in holding that chapter 99-225 violates the single-subject requirement of Article III, Section 6, of the Florida Constitution. Because we reverse as to appellants' first point, agreeing that no justiciable controversy, essential for the issuance of declaratory judgment, was alleged to exist between the parties, we do not reach the second. Following the enactment of chapter 99-225, a comprehensive bill addressing multiple aspects of civil litigation, 1 a group of organizational plaintiffs, appellees Florida Consumer Action Network, et al., filed a complaint for declaratory judgment against Governor Jeb Bush and the State of Florida, alleging in 16 counts why they considered the law unconstitutional. They contended in count 16 that chapter 99- 225 violated the single-subject requirement of Article III, Section 6, of the Florida Constitution ""by embracing a myriad of subjects and thereby becoming a vehicle for logrolling by a variety of special interests that sought specific and unrelated protections from liability concerns."" Defendants thereafter filed a motion to dismiss, claiming there was no live controversy between the parties. The trial court denied the motion and subsequently entered summary final judgment, finding the law to be a violation of the_constitution=""s"" single-subject requirement.
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