CITY OF ATLANTIC BEACH, FLORIDA, PETITIONER,
v.
GEORGE BULL, RESPONDENT; GEORGE BULL, PETITIONER, V. CITY OF ATLANTIC BEACH, FLORIDA, RESPONDENT
ADKINS, Justice.
We review the decision of the first district court of appeal in Bull v. City of Atlantic Beach, 463 So. 2d 336 (Fla. 1st DCA 1985). We have jurisdiction. Art. V, § 3(b)(4), Fla. Const. The question certified as being of great public importance is identical to that presented in North Broward Hospital District v. Fornes, 476 So. 2d 154 (Fla.1985). We deny taxpayer standing in this instance based upon our reasoning in Fornes.
Accordingly, we quash the decision of the district court and remand this case for further proceedings consistent with this opinion.
It is so ordered.
BOYD, C.J., and OVERTON, ALDERMAN and McDONALD, JJ., concur. EHRLICH, J., dissents with an opinion with which SHAW, J., concurs.
EHRLICH, Justice,
dissenting.
I dissent for the reasons set forth in my dissenting opinion in the case of North Broward Hospital District v. Fornes.
SHAW, J., concurs.
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State v. Mischler, 488 So. 2d 523 (Fla. 1986)…ust be of such weight as to produce in the mind of the judge a firm belief or conviction, without hesitancy, that departure is warranted. Both parties dispute the proper role of appellate courts in sentencing guideline cases. In Albritton v. State, 476 So. 2d 158 (Fla.1985), we noted that the guidelines were not intended to usurp judicial discretion and that sentencing is still an individualized process. Therefore, we hold that an appellate court’s function in a sentencing guidelines case is merely to review…
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Donald B. Banks v. State, 732 So. 2d 1065 (Fla. 1999)…Rousseau, 509 So. 2d 281, 284 (Fla. 1987); State v. Mischler, 488 So. 2d 523, 525 (Fla.1986), superseded on other grounds by ch. 87-110, § 2, Laws of Fla. and superseded in part on other grounds by ch. 93-406 § 13, Laws of Fla.; Albritton v. State, 476 So. 2d 158, 160 (Fla.1985), superseded on other grounds by ch. 87-110, § 2, Laws of Fla. . See Huff v. State, 569 So. 2d 1247, 1249 (Fla. 1990) ("[Discretion is abused only where no reasonable man [or woman] would take the view adopted by the trial court.”).…
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- N. Broward Hosp. Dist. v. Fornes, 476 So. 2d 154 (Fla. 1985)
- Bull v. City OF Atl. Beach, 463 So. 2d 336 (Fla. 1st DCA 1985)