Florida State Board of Architecture v. Weiner

Supreme Court of Florida

Florida State Board of Architecture v. Weiner

377 So. 2d 705, 1979 Fla. LEXIS 4884

CourtSupreme Court of Florida

DecidedDecember 6, 1979

DocketNo. 55544

StatusPublished

This text of 377 So. 2d 705 (Florida State Board of Architecture v. Weiner) 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.

Bluebook

Florida State Board of Architecture v. Weiner, 377 So. 2d 705, 1979 Fla. LEXIS 4884 (Fla. 1979).

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Opinion

PER CURIAM.

This cause is before the Court on appeal of a final decree in mandamus rendered by the Circuit Court of the Second Judicial Circuit, in and for Leon County, Florida. The court held section 467.08(a)(b)5, Florida Statutes (1971), unconstitutional on the authority of Wasserman v. Florida State Board of Architecture, 361 So.2d 792 (Fla. 1st DCA 1978). We have jurisdiction. Art. V, § 3(b)(1), Fla.Const.

On November 15, we reversed the decision of the district court of appeal in Was-serman, and as the purported unconstitutionality of the statute in question was the sole basis for the issuance of the peremptory writ of mandamus, it must be and hereby is vacated, and the case remanded.

It is so ordered.

ADKINS, BOYD, OVERTON, ALDERMAN and McDONALD, JJ., concur. ENGLAND, C. J., and SUNDBERG, J., dissent for the reasons expressed in Justice Sundberg’s dissent in our Wasserman decision.

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