M. B. F. Theatres, Inc. v. State

Supreme Court of Florida

M. B. F. Theatres, Inc. v. State

368 So. 2d 347, 1979 Fla. LEXIS 4575

CourtSupreme Court of Florida

DecidedFebruary 22, 1979

DocketNos. 52301, 51717, 51718 and 53951

StatusPublished

This text of 368 So. 2d 347 (M. B. F. Theatres, Inc. v. State) 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.

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M. B. F. Theatres, Inc. v. State, 368 So. 2d 347, 1979 Fla. LEXIS 4575 (Fla. 1979).

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PER CURIAM.

Appellant appeals to this court from county court convictions under section 847.-07, Florida Statutes (1973), challenging the constitutional validity of that statute. These same constitutional issues were previously resolved by this court in State v. Aiuppa, 298 So.2d 391 (Fla.1974), and First Amendment Foundation of Florida, Inc. v. State, 364 So.2d 450 (Fla.1978), and we are not persuaded that reconsideration is warranted at this time. Therefore, we quash those issues challenging the constitutionality of the statute and transfer the case to the Circuit Court of the Eleventh Judicial Circuit for determination of the remaining points.

It is so ordered.

ENGLAND, C. J., and BOYD, OVER-TON, SUNDBERG, HATCHETT and ALDERMAN, JJ., concur. ADKINS, J., dissents with an opinion.

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PER CURIAM.

Appellant appeals to this court from county court convictions under section 847.-07, Florida Statutes (1973), challenging the constitutional validity of that statute. These same constitutional issues were previously resolved by this court in State v. Aiuppa, 298 So.2d 391 (Fla.1974), and First Amendment Foundation of Florida, Inc. v. State, 364 So.2d 450 (Fla.1978), and we are not persuaded that reconsideration is warranted at this time. Therefore, we quash those issues challenging the constitutionality of the statute and transfer the case to the Circuit Court of the Eleventh Judicial Circuit for determination of the remaining points.

It is so ordered.

ENGLAND, C. J., and BOYD, OVER-TON, SUNDBERG, HATCHETT and ALDERMAN, JJ., concur. ADKINS, J., dissents with an opinion.

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368 So. 2d 347, 1979 Fla. LEXIS 4575, Counsel Stack Legal Research, https://law.counselstack.com/opinion/m-b-f-theatres-inc-v-state-fla-1979.

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