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CITY OF INDIAN HARBOUR v. BREVARD CTY

No. 75-2069.

334 So.2d 660 (1976)

CITY OF INDIAN HARBOUR BEACH, Florida, Petitioner, v. BREVARD COUNTY, Florida, and Curtis R. Barnes, Clerk of the Circuit Court, Brevard County, Florida, Respondents.

District Court of Appeal of Florida, Fourth District.

July 9, 1976.

Attorney(s) appearing for the Case

Palmer W. Collins of Collins & Clark, Melbourne, for petitioner.

Christopher R. White and Frank J. Griffith, Jr., of Goshorn, Stahey, Nabors, Miller & McClelland, Titusville, for respondent Brevard County.

PER CURIAM.

We are presented with a certified question from the Circuit Court of the Eighteenth Judicial Circuit in and for Brevard County, Florida, it being:

"If its Municipal Court has not been abolished, is a municipality entitled to the fines and forfeitures received in County Court when a Municipal Court case is transferred to County Court for jury trial pursuant to Florida Statutes?

We answer the question "no", upon the rationale expressed...

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