Evangelical Covenant Church of America v. Bauer

District Court of Appeal of Florida

Evangelical Covenant Church of America v. Bauer

482 So. 2d 551, 11 Fla. L. Weekly 362, 1986 Fla. App. LEXIS 6210

CourtDistrict Court of Appeal of Florida

DecidedFebruary 5, 1986

DocketNo. 85-794

StatusPublished

Cited by1 cases

This text of 482 So. 2d 551 (Evangelical Covenant Church of America v. Bauer) is published on Counsel Stack Legal Research, covering District Court of Appeal of Florida primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

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Evangelical Covenant Church of America v. Bauer, 482 So. 2d 551, 11 Fla. L. Weekly 362, 1986 Fla. App. LEXIS 6210 (Fla. Ct. App. 1986).

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Opinion

PER CURIAM.

The trial court found that the “income test” in section 196.1975(4), Florida Statutes (1985), was constitutional. In our view, however, the court erred by failing to apply the Supreme Court’s decision in Presbyterian Homes v. Wood, 297 So.2d 556 (Fla.1974), which held that an almost identical provision failed to pass constitutional muster. Although the Legislature amend[552]*552ed the statute subsequent to the decision in Presbyterian Homes, we do not believe that the amendment cured the deficiencies cited by the Supreme Court. Accordingly, we reverse. At the same time, pursuant to Article V, Section 3(b)(4), Florida Constitution, see also Rule 9.030(a)(2)(A)(v), Fla.R. App.P, we certify the following question to be of great public importance:

Does the Court’s ruling in Presbyterian Homes v. Wood, 297 So.2d 556 (Fla.1974), continue to have vitality and, if so, does the “income test” in section 196.1975(4), Florida Statutes (1985), pass constitutional muster?

GLICKSTEIN and HURLEY, JJ., and GODERICH, MARIO P., Associate Judge, concur.

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PER CURIAM.

The trial court found that the “income test” in section 196.1975(4), Florida Statutes (1985), was constitutional. In our view, however, the court erred by failing to apply the Supreme Court’s decision in Presbyterian Homes v. Wood, 297 So.2d 556 (Fla.1974), which held that an almost identical provision failed to pass constitutional muster. Although the Legislature amend[552]*552ed the statute subsequent to the decision in Presbyterian Homes, we do not believe that the amendment cured the deficiencies cited by the Supreme Court. Accordingly, we reverse. At the same time, pursuant to Article V, Section 3(b)(4), Florida Constitution, see also Rule 9.030(a)(2)(A)(v), Fla.R. App.P, we certify the following question to be of great public importance:

Does the Court’s ruling in Presbyterian Homes v. Wood, 297 So.2d 556 (Fla.1974), continue to have vitality and, if so, does the “income test” in section 196.1975(4), Florida Statutes (1985), pass constitutional muster?

GLICKSTEIN and HURLEY, JJ., and GODERICH, MARIO P., Associate Judge, concur.

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482 So. 2d 551, 11 Fla. L. Weekly 362, 1986 Fla. App. LEXIS 6210, Counsel Stack Legal Research, https://law.counselstack.com/opinion/evangelical-covenant-church-of-america-v-bauer-fladistctapp-1986.

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