Florida District Courts of Appeal, 1986

Evangelical Covenant Church of America v. Bauer

Florida District Courts of Appeal · Decided February 5, 1986 · Glickstein, Goderich, Hurley, Mario

482 So. 2d 551; 11 Fla. L. Weekly 362; 1986 Fla. App. LEXIS 6210 (Southern Reporter, Second Series)

Cases that cite this one

1 later published case cites this decision.

Markham v. Evangelical Covenant Church of America (Fla. 1987)

This list shows which later cases cite this one. It does not say how they treated it, and no review of that has been done. Not a substitute for Shepard’s or KeyCite — verify before relying.

Opinion of the Court

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*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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