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DAVIS v. DEPT. OF HEALTH & REHABILITATIVE SERV.

No. 58849.

390 So.2d 1194 (1980)

Clarence DAVIS, Appellant, v. DEPARTMENT OF HEALTH AND REHABILITATIVE SERVICES et al., Appellee.

Supreme Court of Florida.

November 26, 1980.

Attorney(s) appearing for the Case

Guy C. Hill, West Palm Beach, for appellant.

William M. Holland of Holland & Smith, West Palm Beach, for appellee.

PER CURIAM.

We do not have jurisdiction in this case. The trial court specifically refrained from passing on the constitutionality of § 742.041(2), Fla. Stat. (1977). It then ordered the father to pay support pursuant to § 742.041(1), Fla. Stat. (1977). The Fourth District Court of Appeal transferred this case upon appellant's motion which asserted that the trial court initially and directly passed upon the constitutionality of the statute. Even under the...

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