DADE COUNTY, A POLITICAL SUBDIVISION OF THE STATE OF FLORIDA ET AL., PETITIONERS,
v.
EASTERN AIR LINES, INC., A DELAWARE CORPORATION, RESPONDENT
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The court held that the District Court of Appeal reached the correct conclusion and adopts its opinion and judgment.
The case was certified to the Supreme Court from the District Court of Appeal regarding a question of public interest affecting taxes and discounts. P…
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Writ of certiorari has issued in this cause pursuant to certificate of the District Court of Appeal, Third District, under Article 5, Section 4(2), of the Florida Constitution, F.S.A. and Rule 4.5, subd. c (6), 32 F.S.A., Florida Appellate Rules. The case was certified to this Court as presenting a question of great public interest “in that the decision affects the payment of taxes and discounts thereon.” Based upon such certification we issued the writ.
We conclude that the District Court of Appeal reached the correct conclusion in its decision of this cause. The majority opinion of that Court, Fla.App., 207 So.2d 13, is adopted as our opinion herein, and its judgment as the judgment of this Court, and we hold that the writ heretofore issued should be discharged.
Petitioners (defendants below) have filed a motion herein to strike the amicus curiae brief of National Air Lines, Inc., and the appendix attached thereto, on the ground that they attempt to interject in these proceedings matters dehors the record herein. We are of the opinion that the motion is well founded and should be granted, and it is so ordered, Keating, etc. v. State of Florida ex rel. Ausebel, Fla.App., 157 So.2d 567.
The writ of certiorari hitherto issued herein is discharged.
CALDWELL, C. J., ROBERTS, THOR-NAL and ERVIN, JJ., and MASON, Circuit Judge, concur.
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Dieter Riechmann v. State, 966 So. 2d 298 (Fla. 2007)…echmann's murder conviction, Riechmann has not raised any issue on this appeal regarding the propriety of the searches in Germany. Furthermore, it is axiomatic that amici are not permitted to raise new issues. Dade County v. Eastern Air Lines, Inc., 212 So. 2d 7, 8 (Fla.1968); Michels v. Orange County Fire Rescue, 819 So. 2d 158, 159-60 (Fla. 1st DCA 2002). Therefore, this issue is not properly before this Court. Further, this" Court has already twice determined, both on direct appeal and in Riechmann's fi…
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Westphal v. City OF ST. Petersburg, 194 So. 3d 311 (Fla. 2016)…dvocates in an amicus curiae brief filed in support of Westphal, we do not consider. arguments raised by amici curiae that were not raised by the parties. See Riechmann v. State, 966 So. 2d 298, 304 n. 8 (Fla. 2007); Dade Cty. v. E. Air Lines, Inc., 212 So. 2d 7, 8 (Fla.1968); Michels v. Orange Cty. Fire Rescue, 819 So. 2d 158, 159-60 (Fla. 1st DCA 2002). . Both Westphal and the City invoked this Court’s discretionary jurisdiction, We consolidated the petitions but retained the two different case numbers.…
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Adler v. TAX Assessor, 36 Fla. Supp. 141 (Broward Cty. Cir. Ct. 1971)…d. 1969 Fla. Stat. §194.192(2). The difference in taxes so computed shall then be reduced to the amount plaintiffs would have paid by taking the November discount. Dade County v. Eastern Air Lines, Inc., 207 So. 2d 13 (Fla. 3 App.), opinion adopted, 212 So. 2d 7 (Fla. 1968). Plaintiffs shall pay said net difference in taxes together with interest at the rate of 6% per annum computed from December 1, 1970 until actually paid. 1969 Fla. Stat. §194.192(2). For the year 1971, the newly computed taxes shall ref…
Previewing 3 of 4 citing cases — full citator treatment, depth of discussion, and citing context are member features.
Join FLexlaw to unlock all legal intelligenceAuthorities Cited
- Keating v. State of Fla. ex rel. Bernard Ausebel, 157 So. 2d 567 (Fla. 1st DCA 1963)
- Dade Cnty. v. E. AIR Lines, Inc., 207 So. 2d 13 (Fla. 3d DCA 1968)