Florida District Courts of Appeal, 1989

Baird v. Martinez

Florida District Courts of Appeal · Decided April 11, 1989 · Barfield, Shivers, Zehmer

541 So. 2d 751; 14 Fla. L. Weekly 889; 1989 Fla. App. LEXIS 1856 (Southern Reporter, Second Series)

Opinion of the Court

PER CURIAM.

AFFIRMED.

SHIVERS and BARFIELD, JJ., concur. ZEHMER, J., specially concurs, with opinion.

Concurring Opinion

ZEHMER, Judge

(specially concurring).

I concur in affirming the dismissal of the complaint because it fails to allege legally sufficient grounds for holding section 944.-276(l)(c), Florida Statutes (1987), facially unconstitutional for violation of the equal protection clause. I do believe, however, that appellants should be given leave to amend.

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