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LEWIS v. INCOME DEVELOPMENT CORP.

No. 50382.

355 So.2d 1169 (1977)

Gerald A. LEWIS, Etc., Appellant, v. INCOME DEVELOPMENT CORPORATION et al., Appellees.

Supreme Court of Florida.

As Corrected On Denial of Rehearing January 26, 1978.

Attorney(s) appearing for the Case

William B. Corbett, Jr. and Richard E. Gentry, Asst. Gen. Counsels, Tallahassee, for appellant.

John W. McWhirter, Jr., of Cason, McWhirter, Henderson & Stokes, Tampa, for appellees.

BOYD, Justice.

In a certiorari proceeding before the District Court of Appeal, Second District, the constitutional validity of a statute was directly passed upon for the first time in this cause. We have jurisdiction of this appeal. Article V, Section 3(b)(1), Florida Constitution.

Subsection (3) of Section 494.08, Florida Statutes, was declared unconstitutional by the District Court. We agree and, because the opinion of the District Court

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