State v. Melahn

Supreme Court of Florida

State v. Melahn

605 So. 2d 73, 17 Fla. L. Weekly Supp. 554, 1992 Fla. LEXIS 1298, 1992 WL 171289

CourtSupreme Court of Florida

DecidedJuly 23, 1992

DocketNo. 79024

StatusPublished

This text of 605 So. 2d 73 (State v. Melahn) 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

State v. Melahn, 605 So. 2d 73, 17 Fla. L. Weekly Supp. 554, 1992 Fla. LEXIS 1298, 1992 WL 171289 (Fla. 1992).

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Opinions

KOGAN, Justice.

We have on appeal a judgment declaring Florida’s insurance premium tax scheme, sections 624.509, .512, .514, Florida Statutes, as it existed during the years 1980 through 1985, unconstitutional under the Equal Protection Clause of the Fourteenth Amendment of the United States Constitution. The district court certified the cause to this Court as involving a question of great public importance requiring immediate resolution. We have jurisdiction, pursuant to article V, section 3(b)(5) of the Florida Constitution, and reverse based on our decision in Gallagher v. Motors Insurance Co., 605 So.2d 62 (Fla.1992).

Accordingly, we reverse the judgment under review to the extent it finds Florida’s premium tax unconstitutional¹ and remand for further proceedings consistent with our decision in Motors Insurance.

It is so ordered.

BARKETT, C.J., and McDONALD, SHAW and GRIMES, JJ., concur. HARDING, J., dissents with an opinion, in which OVERTON, J., concurs.

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KOGAN, Justice.

We have on appeal a judgment declaring Florida’s insurance premium tax scheme, sections 624.509, .512, .514, Florida Statutes, as it existed during the years 1980 through 1985, unconstitutional under the Equal Protection Clause of the Fourteenth Amendment of the United States Constitution. The district court certified the cause to this Court as involving a question of great public importance requiring immediate resolution. We have jurisdiction, pursuant to article V, section 3(b)(5) of the Florida Constitution, and reverse based on our decision in Gallagher v. Motors Insurance Co., 605 So.2d 62 (Fla.1992).

Accordingly, we reverse the judgment under review to the extent it finds Florida’s premium tax unconstitutional¹ and remand for further proceedings consistent with our decision in Motors Insurance.

It is so ordered.

BARKETT, C.J., and McDONALD, SHAW and GRIMES, JJ., concur. HARDING, J., dissents with an opinion, in which OVERTON, J., concurs.

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Bluebook (online)

605 So. 2d 73, 17 Fla. L. Weekly Supp. 554, 1992 Fla. LEXIS 1298, 1992 WL 171289, Counsel Stack Legal Research, https://law.counselstack.com/opinion/state-v-melahn-fla-1992.

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