FLORIDA DEPARTMENT OF FINANCIAL SERVICES, ETC., PETITIONER,
v.
OCEAN BANK, RESPONDENT
FLORIDA DEPARTMENT OF FINANCIAL SERVICES, ETC., PETITIONER,
OCEAN BANK, RESPONDENT
944 So. 2d 251
Florida Supreme Court (2006)
Positive Treatment
Cited by 1 case
Opinion of the Court
PER CURIAM.
We initially accepted jurisdiction to review the decision in Ocean Bank v. State Department of Financial Services, 902 So. 2d 833 (Fla. 1st DCA 2005), based on a question certified by the First District Court of Appeal to be of great public importance. See art. V, § 3(b)(4), Fla. Const. Upon further consideration, we have determined that we should exercise our discretion and discharge jurisdiction of this cause. Accordingly, this review proceeding is hereby dismissed.
It is so ordered.
LEWIS, C.J., and WELLS, ANSTEAD, PARIENTE, QUINCE, CANTERO, and BELL, JJ., concur.
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Citator
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The City OF Miami v. Wellman, 976 So. 2d 22 (Fla. 3d DCA 2008)…So. 2d 249 (Fla. 4th DCA 2003). After the Florida Supreme Court reversed the Mulligan decision, see City of Hollywood v. Mulligan, 934 So. 2d 1238 (Fla.2006), it also reversed and remanded our case for reconsideration. See City of Miami v. Wellman, 944 So. 2d 251 (Fla.2006). Both the Fourth District Court’s decision and ours reasoned that the impoundment operated as a forfeiture; thus, the ordinances were preempted by the Florida Contraband Forfeiture Act, making the ordinances invalid. Even though the Flori…
Authorities Cited
- Ocean Bank v. State, 902 So. 2d 833 (Fla. 1st DCA 2005)