State v. Melahn

Supreme Court of Florida
State v. Melahn, 605 So. 2d 73 (Fla. 1992)
17 Fla. L. Weekly Supp. 554; 1992 Fla. LEXIS 1298; 1992 WL 171289
Barkett, Grimes, Harding, Kogan, McDonald, Overton, Shaw

State v. Melahn

Opinion of the Court

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.

. Because of our resolution of this issue, we need not address the other issues raised on appeal,

Dissenting Opinion

HARDING, Justice,

dissenting.

I respectfully dissent for the reasons expressed in my opinion in Gallagher v. Motors Insurance Corp., 605 So.2d 62 (Fla. 1992) (Harding, J., concurring in part, dissenting in part).

OVERTON, J., concurs.

Reference

Full Case Name
STATE of Florida, Appellants/Cross-Appellees v. Lewis E. MELAHN, etc., Appellee/Cross-Appellant
Status
Published