GEORGE J. ABRAHAM, APPELLANT,
v.
STATE OF FLORIDA AND STATE DEPARTMENT OF HIGHWAY SAFETY AND MOTOR VEHICLES, APPELLEES
AI-generated. These summaries, headnotes, and key points are machine-generated and may contain errors or omissions. Always verify against the full opinion text below. Not legal advice.
County-owned buses are subject to the higher 'local buses' license tax rate, not the lower 'exempt or official' vehicle rate, as they do not meet the criteria for the latter.
County-owned buses are taxable under Fla.Stat. § 320.08(12) as 'LOCAL BUSES' and are not considered 'EXEMPT OR OFFICIAL' motor vehicles under Fla.Stat. § 320.08(11).
Metropolitan Dade County Transit Authority and Palm Beach County paid motor vehicle license taxes on their county-owned buses under the 'LOCAL BUSES' …
The full statement of facts, procedural history, and disposition for this case are member content.
Join FLexlaw to unlock all legal intelligence© FLexlaw, Inc. — AI-generated enrichments are proprietary. All rights reserved.
Explore caselaw by topic → Browse Habitual Traffic Offender cases and more on FLexlaw
McCAIN, Judge.
This cause is before the Court on direct appeal from an order of the District Court of Appeal, Third District, 288 So. 2d, 584, denying a petition for writ of certiorari. The effect of that order was to initially pass upon the validity of Florida Statutes, Sections 322.264 and 322.27(5). We have jurisdiction pursuant to Article V, Section 3(b)(1), Florida Constitution.
Appellant’s driver’s license was revoked for a period of five years upon appellee’s finding that appellant was a habitual traffic offender. Abraham then filed his petition for writ of certiorari to the District Court. The District Court denied the petition, Per Curiam without opinion.
The appellant raises three points on appeal, all of which ostensibly allege the unconstitutionality of the aforementioned statutes.
This question has recently been before this Court in the case of Zarsky v. State of Florida, 300 So. 2d 261, Opinion filed June 19, 1974. In Zarsky, this Court affirmed the District Court’s holding that the statutes were constitutional. Appellant herein restates the same assaults on the statutes’ validity as was proffered in Zar-sky.
We have accepted appellate jurisdiction in this cause in the hope of giving finality to this issue. It must be made clear that “[wjhen a thing ceases to be the subject of controversy, it ceases to be a subject of interest.” Buchman v. State Board of Accountancy, Fla., 300 So. 2d 671, Opinion filed July 31, 1974.
We have reviewed the pertinent sections of the statutes challenged in appellant’s three points on appeal in light of our earlier pronouncement and find no just cause to deviate from that holding.
Therefore the decision of the District Court of Appeal is affirmed.
It is so ordered.
ADKINS, C. J, and ROBERTS, DEKLE and OVERTON, JJ., concur.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
-
Cappadona v. Keith, 306 So. 2d 515 (Fla. 1975)…PER CURIAM. Affirmed. See Zarsky v. State of Florida et al, 300 So. 2d 261 (Fla.1974); Abraham v. State of Florida et al., 301 So. 2d 11 (Fla.1974); Jones v. Kirkman, 138 So. 2d 513 (Fla.1962) ; Thornhill v. Kirkman, 62 So. 2d 740 (Fla. 1953). It is so ordered. ADKINS, C. J., and ROBERTS, ERVIN, McCAIN and OVERTON, JJ., concur. ■…
-
Casci v. State of Fla. & State of Fla. Dep't of Hwy. Safety & Motor Vehicles, 307 So. 2d 446 (Fla. 1975)…PER CURIAM. Affirmed. See Zarsky v. State of Florida et al., 300 So. 2d 261 (Fla.1974); Abraham v. State of Florida et al., 301 So. 2d 11 (Fla.1974); Thornhill v. Kirkman, 62 So. 2d 740 (Fla.1959); City of Miami v. Aronovitz, 114 So. 2d 784 (Fla.1959); Smith v. City of Gainesville, 93 So. 2d 105 (Fla.1957). It is so ordered. ADKINS, C. J., and ROBERTS, ERVIN, McCAIN and OVERTON, JJ.…
-
State of Fla. & State of Fla. Dep't of Hwy. Safety & Motor Vehicles v. Brownstein, 352 So. 2d 144 (Fla. 3d DCA 1977)…t simply granted temporary driving privileges for working purposes for ten (10) hours per day, seven (7) days per week. The habitual traffic offender act was held to be constitutional in Zarsky v. State, 300 So. 2d 261 (Fla.1974); Abraham v. State, 301 So. 2d 11 (Fla.1974). Viewing the entire record, we conclude that the Department did not act without jurisdiction or depart from essential requirements of law. Reversed.…
Authorities Cited
- Zarsky v. State of Fla. & State of Fla. Dep't of Hwy. Safety & Motor Vehicles, 300 So. 2d 261 (Fla. 1974)
- Buchman v. State Bd. OF Accountancy, 300 So. 2d 671 (Fla. 1974)
- Collier v. Fla. E. Coast Ry. Co., 288 So. 2d 584 (Fla. 3d DCA 1973)
- Bermil Indus. Corp. v. Morejon, 288 So. 2d 584 (Fla. 3d DCA 1973)