State v. Melahn
State v. Melahn
Opinion of the Court
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 unconstitutional
It is so ordered.
. Because of our resolution of this issue, we need not address the other issues raised on appeal,
Dissenting Opinion
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