Davis v. Department of Health & Rehabilitative Services
This text of 390 So. 2d 1194 (Davis v. Department of Health & Rehabilitative Services) is published on Counsel Stack Legal Research, covering Supreme Court of Florida primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.
Opinion
We do not have jurisdiction in this case. The trial court specifically refrained from passing on the constitutionality of § 742.041(2), Fla.Stat. (1977). It then ordered the father to pay support pursuant to § 742.041(1), Fla.Stat. (1977). The Fourth District Court of Appeal transferred this case upon appellant’s motion which asserted that the trial court initially and directly passed upon the constitutionality of the statute. Even under the inherency doctrine, the constitutional challenge must have been to a controlling statute and the decision as to the statute’s validity necessary to the determination of the case. Harrell’s Candy Kitchen, Inc. v. Sarasota Manatee Airport Authority, 111 So.2d 439 (Fla.1959). The cause is transferred to the district court of appeal.
It is so ordered.
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Cite This Page — Counsel Stack
390 So. 2d 1194, 1980 Fla. LEXIS 4443, Counsel Stack Legal Research, https://law.counselstack.com/opinion/davis-v-department-of-health-rehabilitative-services-fla-1980.