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GULF PINES MEMORIAL PARK, INC. v. OAKLAWN MEMORIAL PARK, INC.

No. 52378.

361 So.2d 695 (1978)

GULF PINES MEMORIAL PARK, INC., Appellant, v. OAKLAWN MEMORIAL PARK, INC., and Gerald A. Lewis, As Comptroller of the State of Florida, Appellees.

Supreme Court of Florida.

Rehearing Denied September 11, 1978.

Attorney(s) appearing for the Case

Joseph C. Jacobs and Robert J. Angerer of Ervin, Varn, Jacobs, Odom & Kitchen, Tallahassee, for appellant.

John Radey of Holland & Knight, and S. Craig Kiser, Asst. Gen. Counsel, Tallahassee, for appellees.

ENGLAND, Justice.

This case is before the Court on direct appeal from an order of the Leon County Circuit Court holding a portion of Florida's cemetery licensing statute, Section 559.39(2), Florida Statutes (1977), to be "an invalid delegation of legislative authority and unconstitutional." The effect of that ruling was to declare that the state comptroller, acting in his capacity as the head of the Department of Banking...

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