IN THE INTEREST OF T.W., A CHILD, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
PER CURIAM.
The sole issue on appeal in this case is appellant’s challenge to the constitutionality of section 39.061, Florida Statutes (Supp. 1990). We reverse.
We recently held section 39.061, Florida Statutes (Supp.1990) unconstitutional as an unlawful delegation of legislative authority to an administrative agency. D.P. v. State, 597 So. 2d 952 (Fla. 1st DCA 1992). Appellant has challenged section 39.061 on the same grounds that were raised in D.P. We agree that the statute is unconstitutional for the reasons expressed in D.P. Accordingly, appellant’s adjudication of delinquency is hereby reversed and this matter is remanded to the lower tribunal with instructions to discharge appellant.
SMITH, BARFIELD and ALLEN, JJ., concur.
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Pluess-Staufer Indus., Inc. v. Rollason Eng'g & Mfg., Inc., 635 So. 2d 1070 (Fla. 5th DCA 1994)…side the default judgment as void, we noted that the complaint lacked sufficient jurisdictional allegations to bring it within the ambit of the long-arm statute. Pluess-Staufer Industries, Inc. v. Rollason Engineering & Manu [*1072] facturing, Inc., 597 So. 2d 957 (Fla. 5th DCA 1992), rev. denied, 606 So. 2d 1166 (Fla.1992).7 We remanded to allow Rollason to amend its complaint to better plead its basis for asserting Florida’s personal jurisdiction over PSI. On remand, the trial judge set aside the default j…
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Hewitt v. Taffee, 673 So. 2d 929 (Fla. 5th DCA 1996)…sufficient facts to establish jurisdiction and the court has ruled prior to an evidentiary hearing, appellate courts have reversed and remanded for the trial court to permit the plaintiff to amend. See Pluess-Staufer Indus, v. Rollason Eng’g & Mfg., 597 So. 2d 957, 958 (Fla. 5th DCA), review denied, 606 So. 2d 1166 (Fla.1992). In other circumstances, where there were conflicting affidavits on the issue of personal jurisdiction, courts have reversed and remanded for an evidentiary hearing on the issue of juris…
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Wrenn v. McDONNELL, 671 So. 2d 884 (Fla. 5th DCA 1996)…a child may have been conceived. McDonnell’s complaint does not allege that Wrenn engaged in sexual intercourse within this state with respect to which a child may have been conceived. In Pluess-Staufer Industries v. Rollason Eng’g. & Mfg., Inc., 597 So. 2d 957 (Fla. 5th DCA), rev. denied, 606 So. 2d 1166 (Fla.1992), this court observed: [Ujnder Florida law, even the entry of a default judgment against a nonresident defendant cannot prevent assertion of lack of personal jurisdiction over a defendant when…
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- In the Interest of B.H. v. State, 597 So. 2d 952 (Fla. 1st DCA 1992)
- In the Interest of D.P. v. State, 597 So. 2d 952 (Fla. 1st DCA 1992)